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2003 Supreme(SC) 511

R.C.LAHOTI, BRIJESH KUMAR
State Of Bihar – Appellant
Versus
Kalika Kuer @ Kalika Singh – Respondent


JUDGMENT

Brijesh Kumar, J.-This is an appeal preferred by the State of Bihar against the judgment and order dated 29-9-1989 passed by the Patna High Court declaring. Sections 15 (1) and 15 (2) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (for short the Act ), ultra vires of Articles 13 and 14 of the Constitution. It appears that the question of vires, interpretation and scope of various provisions of the Act came to be considered by a Full Bench consisting of three Hon ble judges of the Patna High Court and considering the points raised and some decisions rendered earlier, the Full Bench held Section 15 of the Act ultra vires and further held that certain categories of disputes and matters could be entertained and decided by the civil court despite the restrictions placed under section 4(b) and 4(c) of the Act and bar of jurisdiction of Civil Court u/s 37 of the Act. The first and the foremost submission put forward by learned counsel for the appellant for consideration of this Court is that in an earlier Full Bench decision of the Patna High Court reported in AIR 1979 Patna 250, Ramkrit Singh and Others versus State of Bihar and Ors., the same q
























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