IMPORTANT POINT
The repeal of Section 16(3) of the Ceiling Act does not affect previously executed sale deeds, emphasizing that completed transactions must be upheld despite procedural amendments.

JUDGMENT :

HARISH KUMAR, J.

Learned Advocate for the respective parties are present.

2. The challenge in the present intra-court appeal is made to an order of the learned Single Judge dated 11.11.2024 passed in CWJC No. 18468 of 2021, wherein the learned Court after hearing the parties has been pleased to set-aside the order dated 06.08.2021 passed in BLT Case No. 547 of 2019.

3. The brief facts which led to the filing of the present Letters Patent Appeal, as emerged from the records are that the appellant-respondent no. 7 claiming to be a pre-emptor had filed petition under Section 16(3) of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as, “Ceiling Act, 1961”) before the Deputy Collector, Land Reforms, Mohania. The appellant- respondent no. 7 asserted his right of pre-emption to the sole land of Khata No. 318, Plot No. 2498 having an area of 0.45 acres situated at Mauza Awahariya purchased by the writ petitioner-respondent no. 1 by a registered sale deed dated 24.11.2015 from respondent no. 8 in the writ petition.

4. It is stated that the father of the pre-emptor namely, Arjun Sah after partition of family through Partition Suit No. 495 of 2012 executed a registered sale deed with respect to some adjacent land, in question, and in the aforesaid premise, the respondent no. 7-appellant herein prayed that the pre-emption be allowed in his favour, on account of he being adjoining raiyat. The writ petitioner appeared and filed her written objection that no sale deed was ever executed in favour of the pre-emptor or his father, hence he is not an adjoining raiyat. Moreover, the land, in question, is of residential in nature, hence Ceiling Act, 1961 will not be applicable.

5. The learned DCLR having considered the submissions of the parties vide its order dated 19.04.2017 allowed the pre-emption application in favour of the pre- emptor-appellant herein. Aggrieved, the writ petitioner preferred Pre-emption Appeal No. 02 of 2017-18. However, the said appeal was dismissed by the learned Collector vide an order dated 13.07.2018 against which the petitioner filed Pre-emption Revision Case No. 136 of 2018 before the learned Divisional Commissioner, Patna.

6. In the meanwhile, in pursuance of the order dated 13.07.2018 passed by the Collector in Pre-emption Appeal No. 02 of 2017-18, the sale deed was executed in favour of the respondent no. 7-appellant through process of the Court on 08.09.2018. While the Pre-emption Revision Case No. 136 of 2018 was pending consideration, the State Legislature enacted The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2019, (hereinafter referred to as, “Amendment Act, 2019”). By the Amendment Act, 2019, sub-Section 3 of Section 16 of the Ceiling Act, 1961 which gave the right of pre-emption was repealed and sub-Section 16(4)(i) and (ii) were incorporated, which provided that all cases or proceedings, pending before any of the authorities/tribunal/Court shall be deemed to have abated and the purchase money together with the sum equal to 10 % shall be refunded to the depositor without interest.

7. In light of the amendment, as noted hereinabove, the learned Divisional Commissioner, Patna vide its order dated 17.05.2019/07.06.2019, dropped the revision case as having abated in pursuance of Amendment Act, 2019 and ordered the pre-emptor to receive consideration amount along with 10 % of interest from DCLR, Mohani