Patna High Court
Birendra Kumar and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is infructuous due to the change in pre‑emption law, and therefore the writ petition is disposed of.
Summary
The petitioners, a group of heirs and relatives, filed a writ petition challenging several orders relating to a pre‑emption case and ceiling revisions concerning a parcel of land in Nawada district. They sought to set aside the Tribunal’s order that had annulled earlier orders of the Commissioner, Gaya and the Collector, Nawada, and also to uphold the Collector’s ceiling appeal order while directing the transfer of land to them. The respondents, including the State of Bihar and various officials, opposed these reliefs. The court observed that a change in the law governing pre‑emption matters rendered the petition’s reliefs moot. Consequently, the writ petition was declared infructuous and disposed of, with any deposited amount ordered to be returned.
Issues considered
- Whether the orders of the Tribunal, Commissioner, and Collector can be set aside in light of the changed pre‑emption law
- Whether the Collector’s ceiling appeal order should be upheld
- Whether the petitioners are entitled to the transfer of land
Subjects
- pre-emption
- land ceiling
- revision
- appeal
- writ petition
- infructuous
- land transfer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11757 of 2014
======================================================
1. Birendra Kumar Son of Late Sidho Singh @ Sidheshwar Singh
2. Subodh Kumar Son of Late Sidho Singh @ Sidheshwar Singh
3. Sanjeet Kumar Son of Late Sidho Singh @ Sidheshwar Singh
4. Manoj Kumar Son of Late Bakhori Singh All 1 to 4 are resident of village-
Arian, P.O- Siswan, P.S and Anchal, Hisua, District- Nawada.
5. Geeta Devi Wife of Kundan Singh and daughter of Late Bakhori Singh
Resident of Village- Dakhingaon, P.O and P.S- Wazirganj, Distt- Gaya.
6. Smt. Krishna Devi Wife of Ramswaroop Singh and daughter of Late
Bakhori Singh Resident of village Aanti, PO- Kadirganj, PS- Nawada, Town,
Distt- Nawada.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Commissioner, Gaya, District- Gaya.
3. The Collector, Nawada, Distt- Nawada.
4. The Deputy Collector Land Reforms,Nawada, Distt- Nawada.
5. Jitendra Singh S/o Late Sidheshwar Singh
6. Dipendra Singh Son of Late Sidheshwar Singh
7. Surendra Singh Son of Late Sidheshwar Singh
8. Most. Bachchi Devi Wife of Saudagar Singh Respondent No. 5 to 8 are
resident of Village- Arian, P.O- Siswan, P.S and Anchal- Hisua, Distt-
Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar, Advocate
For the Respondent/s : Mrs. GP28- Geeta Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 13-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“i. To set aside the order dt. 24/03/2014
passed by the learned Chairman, The Bihar land
Patna High Court CWJC No.11757 of 2014(4) dt.13-01-2026
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Tribunal, Patna in B.L.T. Case No.-81 of 2013
whereby and whereunder the learned chairman of
the Tribunal set aside the order dt. 21/06/2012
passed by the learned Commissioner, Gaya in
Ceiling Revision Case No.- 22 of 2009 and the
order dt. 30/06/2009 passed by the learned
collector, Nawada in Ceiling Appeal No.- 26 (R) of
2008 and further the learned Chairman of the
Tribunal upheld the order dt. 10-10-07/24-10-2007
Passed by the DCLR, Nawada in pre-emption Case
No.- 18/2006-07 filed by these petitioners.
ii. To set aside the order dt. 10-10-
2007/24-10-2007 passed by the learned DCLR,
NAWADA whereby pre-emption case No.- 18/2006-
07 filed by these petitioners was dismissed.
iii. To upheld the order dt. 30/06/2009
passed by the learned collector, Nawada in Ceiling
Appeal No.- 26 (R)of 2008, which was preferred by
the appellant/petitioners, whereby the order dt. 10-
10-07 / 24-10-2007 Passed by the DCLR, Nawada
in pre-emption Case No.- 18/2006-07 was quashed
with direction to take appropriate action within
Patna High Court CWJC No.11757 of 2014(4) dt.13-01-2026
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three weeks in compliance of the aforesaid order.
iv. To upheld the order dt 21/06/2012
passed by the learned Commissioner, Gaya in
Ceiling Revision Case No.- 22 of 2009, which was
preferred by the Respondents Nos.- 5 to 7, wherein
the learned commissioner did not interfere as the
order passed in revision is based on facts and law.
v. To direct the respondents concerned to
ensure the transfer of land be made in favour of the
petitioners.”
3. Learned counsel for the petitioners submit that with
the change of law relating to pre-emption matter, the case has
become infructuous.
4. Accordingly, the writ petition stands disposed of as
infructuous.
5. The amount, if deposited, has to be returned.
(Rajiv Roy, J)
Adnan/-
U
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