IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.771 of 2008 1. LIFE INSURANCE CORPORATION OF INDIA having its Central office at “Yogakshema” Jeevan Bima Marg, Mumbai- 400021, through its Chairman represented by Sr. Divisional Manager and Constituted Attorney for the L.I.C of India 2. Sr. Divisional Manager, the LIC of India, Divisional Office, “Jeevan Prakash”, Umashankar Prasad Marg, Post Box no. 33, Muzaffarpur ………petitioners Versus 1. THE STATE OF BIHAR through the Secretary, Revenue Department, Government of Bihar, Old Secretariat, Patna 2. The Collector cum District Magistrate, Muzaffarpur 3. The Land Reforms Deputy Collector, Muzaffarpur 4. The Circle Officer, Block Mushahari, Dist. Muzaffarpur ……respondents ----------- 3 19-11-2009 Heard the parties. This application has been filed seeking modification of order dated 31-10-2007 whereby CWJC no. 4048/2007 (L.I.C of India & Anr. Vs the State of Bihar & Ors.) was dismissed as not pressed in the following words:- “Learned counsel seeks permission to withdraw this application as the issue involved has already been decided by the department”. Through this application it has been submitted that the issue involved was vires of Sections 23 (4) and 23(5) of the Bihar Tenancy Act, 1885 as amended by Bihar Tenancy (Amendment) Act, 1993 and the same had been decided not by the department but by a Division Bench of this court reported in 2007 (3) PLJR 225 (Amar Singh Vs the State of Bihar) but inadvertently it was either submitted or recorded wrongly that issue has been decided by the department. In view of aforesaid submission and after going through the judgement of this court in the case of Amar Singh Vs 2 State of Bihar (Supra), we find some merit in the aforesaid submission, hence, the order dated 31-10-2007 is modified only to the extent that issue involved would be read as having been decided by the Hon’ble High Court in the case of Amar Singh (supra) and not by the department. It goes without saying that rights of the parties shall be determined in the light of aforesaid decision of the Division Bench. This application is disposed of. BKS/- (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.)