Patna High Court
Anil Kumar RaiversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed of on the ground of the petitioner's death, with liberty granted to the legal heirs to approach afresh.
Summary
Anil Kumar Rai filed a writ petition seeking a certiorari to set aside Gazette Notification No. 2776 dated 24‑07‑1990 issued under Section 15(1) of the Land Ceiling Act, contending that the land he purchased earlier should be excluded under Section 9(2) of the same Act. The petition relied on a sale deed executed in 1977 and a judgment in a specific‑performance suit dated 30‑04‑1973. During the hearing it was disclosed that the sole petitioner had died, and the court was asked to allow his legal heirs to file a fresh petition if they wish. The State of Bihar raised no objection to this liberty. Consequently, the court granted the requested liberty and disposed of the writ petition without addressing the merits of the land‑ceiling claim.
Issues considered
- Whether the Gazette Notification issued under Section 15(1) of the Land Ceiling Act can be set aside on the ground that the land should be excluded under Section 9(2).
- Whether the death of the petitioner affects the continuance of the writ petition and whether the heirs may file a fresh petition.
Legislation cited
- Land Ceiling Act — s. 15(1), 9(2)
Subjects
- Land Ceiling Act
- Gazette Notification
- Writ of Certiorari
- Specific Performance
- Land Purchase
- Heir
- Petition Disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11825 of 2018
======================================================
Anil Kumar Rai Son of Late Uma Kant Rai, resident of Village- Chunapur,
P.S. K. Nagar, District Purnia.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector, Purnia
3. The Additional Collector, Land Ceiling, Purnia.
4. The Deputy Collector Land Reforms, Sadar, Purnia.
5. The Circle Officer, K.Nagar, P.S.- K. Nagar, District Purnia.
6. Sri Sundar Kant Jha son of Late Chitra Rekha Dai @ Late Chitra Rekha
Devi, Wife of Baijnath Jha at present residing at Village- Rasodh, P.S.
Banmankhi, District Purnia.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jagdish Prasad Bhagat, Advocate
For the State : Mrs. Nutan Sahay, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 27-02-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance of a Writ of Certiorari
for Setting aside the Purnia Gazette Notification
No. 2776 dated 24.07.1990 published under
Section 15 (1) of the Land Ceiling Act and
exclude the land of the petitioner from the
Gazette Notification. The land purchase by the
petitioner has been sold by the land holder prior
Patna High Court CWJC No.11825 of 2018(4) dt.27-02-2026
2/2
to 9.7.1970 and some of the land had been
purchased in execution of a decree and
Judgment passed in T.S No. 90 of 1972, Suit for
Specific Performance of Contract, Judgment
dated 30.04.1973 passed against the land holder
respondent No. 6 who executed the sale deed in
favour of the petitioner on 19/5/1977 and the
same be included under Section 9(2) of the Land
Ceiling Act in the share unit of the land holder.”
3. It has been informed by learned counsel for the
petitioner that the sole petitioner is no more and as such, liberty
be granted to legal heirs to approach afresh if he/she/they so
want.
4. The State has no objection.
5. In that background, granting said liberty, the writ
petition is disposed of.
(Rajiv Roy, J)
vinayak/-
U
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