D. N. Patel, J.

L.P.A. No. 515 of 2012:

1. This Letters Patent Appeal has been preferred against the judgment and order passed by learned Single Judge in W.P.(C) No. 2160 of 2004 dated th February, 2012, whereby the writ petition preferred by the petitioners, who are respondent nos. 4 to 10 in the instant appeal, was disposed of with an observation that all the Urban Land Ceiling cases stood abated, because of operation of Section 4 of Urban Land (Ceiling & Regulation) Repeal Act, 1999, which affected this appellant, who was one of the respondents in the writ petition and hence, this Letters Patent Appeal.

L.P.A. No. 495 of 2012:

2. This Letters Patent Appeal has been preferred by the original petitioner in W.P.(C) No. 3406 of 2008, who is appellant in this appeal, mainly for getting the land released in his favour, which was declared as excess vacant land by order of the Deputy Commissioner, possession whereof was never taken over by the Government under Sub-section (6) of Section 10 of the Urban Land (Ceiling & Regulation) Act, 1996.

In this W.P.(C) No. 3406 of 2006, one interlocutory application being I.A. No. 1179 of 2010 was preferred by one of the purchasers of the land, in question viz. Amarendra Kumar Sahay (respondent no.4 in this L.P.A.) for joining him as party respondent in W.P.(C) No. 3406 of 2008, which was allowed by the learned Single Judge vide order dated 2nd November, 2012 and simultaneously the writ petition being W.P.(C) No. 3406 of 2008, preferred by this appellant, was also finally disposed of vide order dated 2nd November, 2012, observing therein that the Urban Land Ceiling proceedings stood abated in pursuance of Section 4 of Urban Land (Ceiling & Regulation) Repeal Act, 1999. There being few observations against him, the original petitioner, who is appellant in this appeal, has challenged the judgment and order passed by the learned Single Judge in W.P.(C) No. 3406 of 2008 with I.A. No. 1179 of 2010 by way of this Letters Patent Appeal being L.P.A. No. 495 of 2012.

3. FACTUAL MATRIX:

The appellant in both the aforesaid Letters Patent Appeals is the holder of the land, in question, from the predecessor-in-title Smt. Gauri Rani Devi by registered sale deed dated 6th December, 1974, ad-measuring 1.61 Acres = 6514 Sq. Mts.

Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter to be referred as 'ULC Act, 1976', for the sake of brevity) came into force with effect from 17th February, 1976. However, in the erstwhile State of Bihar it was brought into force with effect from 1st April, 1976-as submitted by learned counsel for respondent nos. 4 to 10.

Thus, the present appellant is a holder of the land, in question, who holds the land, in question, as per Section 2(l) of the ULC Act, 1976, in the capacity of owner of the land and, therefore, necessary forms were filled up, under Section 6 of the ULC Act, 1976 by the holder of the land-appellant in both these Letters Patent Appeals, on 28th October, 1976.

On 25th May, 1982 a Power of Attorney was executed by the holder of land-appellant in both these appeals, in favour of Sri Awadh Kishore Sahay to look after the land, in question. On the same date, an agreement to sale was also entered into between this appellant and Savitri Devi, wife of Power of Attorney holder Sri Awadh Kishore Sahay (respondent no.4 in both the Letters Patent Appeals). The Power of Attorney holder Sri Awadh Kishore Sahay sold away the land in favour of his wife, sons and daughters by way of two different registered sale deeds, one dated 17th June, 1982 and another dated 2nd September, 1982.

On 8th March, 1988 an order was passed by the Deputy Commissioner, Dhanbad, declaring the entire land as excess vacant land under the provisions of ULC Act, 1976.

On 4th June, 1988 notification under Sub-section (1) of Section 10 of the ULC Act, 1976 was issued, declaring therein that the excess vacant land is to be acquired by the State Government.

Being aggrieved and dissatisfied by the or