Patna High Court
Bishnudev Yadav @ Dahiyar AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of as the matter has become infructuous.
Summary
The petitioners, Bishnudev Yadav and Sanjay Yadav, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 08-11-2017 passed by the Sub‑Divisional Magistrate, Banka, which attached disputed land under Section 146(1) Cr.P.C. and appointed an Anchal Adhikari as receiver to manage the paddy cultivation. The State of Bihar and Suresh Yadav opposed the petition. Both parties argued that the matter had become infructuous and there was no longer any live controversy. The Court considered the submissions and found that the petition no longer required adjudication as the dispute was moot. Consequently, the Court disposed of the petition on the ground that it had become infructuous.
Issues considered
- Whether the petition under Section 482 Cr.P.C. to quash the SDM's order attaching land is maintainable
- Whether the order of attachment under Section 146(1) Cr.P.C. should be set aside
- Whether the petition is infructuous and should be dismissed
Legislation cited
- Code of Criminal Procedure, 1973 — s. 146(1), 482
Subjects
- Criminal Procedure Code
- Section 482
- Section 146(1)
- quash petition
- attachment of property
- receiver appointment
- infructuous
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13268 of 2018
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1. Bishnudev Yadav @ Dahiyar
2. Sanjay Yadav @ Dahiyar Both Sons of Late Rashiklal Yadav @ Dahiyar,
R/o Village- Baidhpur, P.O.- Baidhpur, P.S.- Shambhuganj, District- Banka.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Suresh Yadav S/o Late Rashiklal Yadav @ Dahiyar, R/o Village- Haweli
Kharagpur, Mohalla- Shimpur, P.S.- Haweli Khagagpur, District- Munger.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Prasad Singh, Advocate
For the Opposite Party/s : Mr. Sri Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
8 03-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order 08.11.2017 passed by the
Sub-Divisional Magistrate, Banka in Misc. Case No. 549 of
2017 by which land under dispute was attached under Section
146(1) Cr.P.C. and Anchal Adhikari Shambhuganj was
appointed as receiver of the land to manage and cut paddy crops
on the land under dispute.
3. Learned counsels for the parties submit that this
case has become infructuous, accordingly, the same may be
disposed of.
Patna High Court CR. MISC. No.13268 of 2018(8) dt.03-02-2026
2/2
4. Considering the submissions of the learned
counsels for the parties, the present case is disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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