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2022 Supreme(Pat) 893

ASHUTOSH KUMAR, ANJANI KUMAR SHARAN
Sriman Narayan Rai – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s Siya Ram Shahi, Ms. Alka.
For the Respondents: Md. Khurshid Alam.

Ashutosh Kumar, J. – Heard Mr. Siya Ram Shahi, the learned Advocate for the appellant and Mr. Prashant Kumar assisted by Mr. Harsh Anuj, the learned Advocates for respondent no. 10.

2. The challenge in this appeal is to the Judgment and Order dated 25.04.2019 passed in C.W.J.C. No. 8194 of 2019, whereby the claim of the appellant / purchaser was rejected by the learned Single Judge, notwithstanding the Court having noticed the fact that Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter after called the Bihar Act of 1961) which provided the right of pre-emption, stood repealed on 25.02.2019 by virtue of Bihar Amendment Act 6 of 2019 and the proceeding abated.

3. It appears from the records that out of a total area of 2.24 acres of land appertaining to Khata No. 70, Plot No. 3566 situated at Mauza – Mukhrawan, Block – Nuwan in the district of Kaimur, which is the subject matter of pre-emption proceeding, the appellant/purchaser had bought half of the land admeasuring 1.12 acres and the rest 1.12 acres was purchased by his brother who was residing with the appellant / purchaser.

4. Within time, after the registratio

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