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2020 Supreme(Pat) 657

SANJAY KAROL, S. KUMAR
Bihar Rajya Chaukidari Tahsildar Sangh, through its President Md. Junaid Ahmad – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Mr. A.B. Ojha, Senior Advocate, Mr. Mrityunjay Kumar, Mr. Umesh Prasad, Mr. Amardeep.
For the Respondents: Mr. Md. Khurshid Alam, AAG-12, Mrs. Nutan Sahay, AC to AAG-12.

JUDGMENT :

Sanjay Karol, J.

From the submissions made, this Court is called upon to decide the following questions of law:-

    (i) Whether the Bihar Repeal of Laws (which are no longer needed or relevant) Act, 2016 was enacted with an endevour of setting at naught the judicial pronouncements rendered by this Court?

(ii) Whether the said legislation can be said to be an act of judicial overreach, interfering with the independence of judiciary?

(iii) Whether the said legislation is ultra vires the Constitution?

A brief background leading to the filing of the instant writ petition.

2. By virtue of the provisions of the Village Chaukidari Act, 1870, (hereinafter referred to as ‘the Act of 1870’) and the Bengal Village Chaukidari Act, 1871 (hereinafter referred to as ‘the Act of 1871’), certain persons could be appointed or dismissed as Chaukidars for the purposes of maintenance of village(s) in the State of Bihar. Claiming discrimination and disparity over certain emoluments, that is the pay scale payable to persons appointed as Chaukidars by virtue of and under the Chotanagpur Rural Police Act, 1987 for certain areas termed as ‘Chotangapur division’, Chaukidars appointed, under the Act of 1870

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