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2007 DIGILAW 1110 (PAT)

Alakh Lal & Ors. v. State Of Bihar

2007-07-10

J.N.BHATT, MIHIR KUMAR JHA

body2007
Judgment 1. On the joint request of learned Counsels for the parties, this group of writ petitions has been taken up for final disposal at the admission stage. 2. In this group of writ petitions under Article 226 of the Constitution of India virtually the challenge is against the actions and proceedings initiated by the respondent-State in the light of the amended provision of Sec.23(4) of the Bihar Tenancy Act, 1985 (sic-1885?) (Act 8 of 1987 (sic-1885?) ("Tenancy Act"), which came to be incorporated by the Bihar Tenancy (Amendment) Act, 1993 (Bihar Act 21/1993), as well as, the resultant amended provisions known as the "Bihar Rent Re-fixation Rules, 1995" ("Rent Rules of 1995") thereunder. 3. The Division Bench of this Court (in which one of us, namely, Dr. J.N. Bhatt, CJ., was a party) in a similar group of matters where the vires and the constitutionality of the aforesaid amended provision came to be questioned, rendered the verdict and the impugned provisions in that group of matters have been held to be ultra vires of the constitutional provision and the Tenancy Act, as well as, the relevant rules made thereunder. The benefit of that judgment has, however, been given only in the pending cases/proceedings wherein no final order has been passed. 4. It may be clarified that the relief is circumscribed to pending cases, which have not attained the finality, and the cases, which have attained the finality, shall not be reopened on account of operation of the Division Bench judgment rendered in Amar Singh vs. State of Bihar & Ore., (and analogous matters), reported in 2007(3) PUR 225. 5. The learned Counsels appearing for the parties have, jointly, submitted and, thus, there is a consensus that in Amar Singh case (supra) the grievances have been redressed by quashing the proceedings, at any stage, before acquiring finality as held in the ultimate conclusions recorded by the Division Bench in the group of cases of Amar Singh (supra). 6. It is, therefore, further submitted that as a necessary corollary the legal fate of petitions in this group shall have the same implication in the light of the aforesaid Division Bench judgment. 6. It is, therefore, further submitted that as a necessary corollary the legal fate of petitions in this group shall have the same implication in the light of the aforesaid Division Bench judgment. Consequently, the proceedings, which came to be initiated by the respondent State under the Tenancy Act, as well as, the Bihar Rent Re-fixation Rules, 1995 and are pending before the authorities, shall have to be dealt with in accordance with law declared by this Court in Amar Singh case (supra) so far as the impugned provisions are concerned. 7. As a result of the aforesaid discussions, this group of petitions shall stand disposed of in accordance with law laid down by the Division Bench of this Court in Amar Singh case (supra) without any order as to cost.