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2017 DIGILAW 543 (SC)

State of Bihar v. Maheshwar Mandal

2017-03-28

MOHAN M.SHANTANAGOUDAR, R.K.AGRAWAL

body2017
ORDER : Civil Appeal arising out of SLP (Civil) No. 3821/2015 Leave granted. 2. We have heard the learned counsel for the parties and perused the impugned judgment and order dated 24th June, 2014 passed by the High Court of Judicature at Patna. We find that in the writ petition filed by Maheshwar Mandal and Sanjay Mandal, respondents herein the relief claimed was regarding quashing of the order of Deputy Collector, Forbisganj Araria dated 27th December, 2011 passed by one of the respondents as also the appellate order of the Divisional Commissioner, Purnea dated 8th August, 2012 passed by the another respondent and restraining the respondents to forbear from taking any step disturbing the petitioners' possession over the land in question. From perusal of the writ petition, which has been filed as Annexure P6 of the present appeal, we find that there is no challenge to the vires of any of the provisions of the Bihar Land Disputes Resolution Act, 2009 (hereinafter referred to as "the Act of 2009"). Merely because during the course of the hearing, arguments were advanced questioning the validity of any of the provisions of an enactment it is not open to a Court of law to decide its validity and declare it to be unconstitutional, without there being any pleadings to that effect. This fact is not disputed by the learned counsel appearing for the parties. 3. In this view of the matter, The appeal is allowed and the impugned order dated 24th June, 2014 passed by the High Court of Judicature at Patna cannot be sustained in the eyes of law and is hereby set aside and the matter is remanded back to the High Court for deciding afresh in accordance with law expeditiously. 4. It shall be open to the parties to take such plea which are available to them in accordance with law. Civil Appeals arising out of SLP (Civil) Nos. 6603-6613/2015 5. Leave granted. 6. We have heard the learned counsel for the parties. 7. From the perusal of the impugned order dated 7th July, 2014, we find that the High Court, while deciding the Letters Patent Appeals, relied upon the order dated 24th June, 2014 passed in Maheshwar Mandal & Anr. v. State of Bihar and Ors. Since we have already set aside that judgment, these appeals are also allowed and the impugned judgment is set aside. v. State of Bihar and Ors. Since we have already set aside that judgment, these appeals are also allowed and the impugned judgment is set aside. These matters are also remanded to the High Court. Having regard to the facts and circumstances of the case, the High Court is requested to decide the Letters Patent Appeals as expeditiously as possible in accordance with law. 8. It will be open for the parties to take such plea which are available to them in accordance with law. 9. The interim order passed by the Division Bench of the High Court shall continue to remain in operation, till these matters are finally decided. 10. Pending applications also stand disposed of.