Shambhu Kumar vs. Manju Devi

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 6153/2018

(Arising out of impugned final judgment and order dated 06-11-2017 in LPA No. 1161/2013 passed by the High Court of Judicature at Patna)

MD FAIZUL HASAN (DEAD) Petitioner(s)

VERSUS

THE STATE OF BIHAR & ORS. Respondent(s)

Date : 20-01-2020 This petition was called on for hearing today.

CORAM :

Reason:

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH

• For Petitioner(s) Mr. Iftekhar Ahmad,Adv. Mr. Aftab Ali Khan, AOR
• For Respondent(s) Mr. Devashish Bharuka, AOR Mr. Ravi Bharuka,Adv. Ms. Sarvshree,Adv. Mr. Justine George,Adv. Mr. Aditya Singhal,Adv.
  • Mr. Atif Inam,Adv. Mr. Harsh Parashar, AOR

UPON hearing the counsel the Court made the following O R D E R

Learned counsel for the petitioner states that the petitioner has passed away and he has filed an application for substitution to bring on record the legal heirs but the same is lying under objection.

Learned counsel for the petitioner to take steps to remove the objections. Digitally signed by ANITA MALHOTRA Date: 2020.01.21 17:31:23 IST Signature Not Verified

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Learned counsel for the respondent-State points out that counter affidavit has been filed for bringing on record the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2019 in terms whereof, as per his submission, all the proceedings are deemed to have been abated and thus the effect is that the right of preemption does not survive in pending proceedings.

We would examine the aforesaid issue once the legal heirs of the petitioner are brought on record as the private respondents have succeeded on the issue of preemption.

List after the legal heirs of the petitioner are brought on record.

COURT MASTER COURT MASTER

(ANITA MALHOTRA) (ANITA RANI AHUJA)

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