Patna High Court
Rakesh Kumar @ Puttu and AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition is deemed infructuous due to the change in law and is therefore disposed.
Summary
The petitioners, Rakesh Kumar and Prabha Devi, filed a writ petition seeking certiorari to quash two orders: one from the Bihar Land Tribunal that set aside a 2013 order of the Divisional Commissioner, and another from the Additional Collector that upheld a land‑ceiling appeal in favor of respondent No.6. They contended that the matter involved land preemption and that a subsequent change in law rendered the relief sought moot. The Court examined whether the orders could still be challenged given the legislative amendment. Finding that the change in law made the petition’s relief unattainable, the Court held the petition to be infructuous. Consequently, the writ petition was disposed without granting any of the reliefs sought.
Issues considered
- What is the effect of a change in law on pending writ petitions challenging land‑preemption orders?
- Can the orders of the Bihar Land Tribunal and the Additional Collector be quashed by certiorari in light of the legislative amendment?
Subjects
- land preemption
- land ceiling
- certiorari
- change in law
- writ petition
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10172 of 2015
======================================================
1. Rakesh Kumar @ Puttu and Anr son of Sri Ram Chandra Thakur.
2. Smt. Prabha Devi wife of Ram Kumar Tiwari Both are Resident of village-
Rampuba @ Repura, P.O. and P.S.- Waini, Dist- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Commissioner, Darbhanga Division, Darbhanga.
3. The Addl. Collector, Samastipur Sadar Dist- Samastipur.
4. The Dy. Collector Land Reforms, Samastipur Sadar, Dist- Samastipur.
5. Ram Naresh Thakur son of Late Ram Briksha Thakur, Resident of village-
Rampurwa @ Repura, P.o and P.s.- Waini, Dist- Samastipur.
6. Vijay Kumar Thakur son of Late Kewat Thakur, Resident of village-
Rampurwa @ Repura, P.o and P.s.- Waini, Dist- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the State : Mr. Amit Bhushan, AC to GP-17
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 16-02-2026 Heard Mr. Keshav Raj, learned counsel for the
petitioners and learned counsel representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of a writ of certiorari
quashing the order dated 21.05.2015 passed by
the Member (Administrative) The Bihar Land
Tribunal, Patna in B.L.T. Case No. 178/2014
whereby the order dated 21.10.2013 passed by
the Divisional Commissioner, Darbhanga
Division, Darbhanga in L.C.R. case no. 45/08-
Patna High Court CWJC No.10172 of 2015(3) dt.16-02-2026
2/2
09 has been set aside and the case of the
respondent no.6 has been allowed.
(ii) for issuance of a writ of certiorari
quashing the order dated 01.08.2008 passed by
the learned Additional Collector, Samastipur in
land ceiling Appeal No. 51/20047-08 passed in
favour of the respondent no.6 allowing the
appeal after setting aside the order dated
04.06.2007 by the D.C.L.R. Samastipur in land
ceiling (preemption) case no. 8/2007 directing
the respondent no.6 to transfer the land in
question in favour of the petitioner.
(iii) for any other relief(s) for which
the petitioner is found to be entitled in the facts
and circumstances of the case.”
3. On the instruction of Mr. Anil Kumar, it is the
submission since it is a preemption matter and with the change
of law, the matter has become infructuous.
4. Accordingly, the writ petition is disposed of as
become infructuous.
(Rajiv Roy, J)
vinayak/-
U
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