Patna High Court
Ganga DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed as infructuous due to the change in pre‑emption law.
Summary
The petition was filed by Ganga Devi seeking certiorari to set aside three orders: one of the Bihar Land Tribunal dated 01‑04‑2015, another of the Additional Member, Board of Revenue dated 09‑09‑2014, and a third of the Collector Madhubani dated 24‑04‑2006. The petitioner argued that the orders were illegal and that a change in law concerning pre‑emption rendered the case moot. The respondents, representing the State and various officials, opposed the relief. The Court, after hearing counsel, observed that the amendment in pre‑emption law had indeed made the relief sought redundant. Consequently, the writ petition was held to be infructuous and was disposed of, with a direction that any deposited amount be returned.
Issues considered
- Whether the orders of the Bihar Land Tribunal, Board of Revenue and Collector Madhubani can be set aside by certiorari.
- Whether the amendment in pre‑emption law makes the petition infructuous.
- Whether the High Court has jurisdiction to entertain the writ petition in view of the change in law.
Subjects
- pre‑emption
- certiorari
- land tribunal
- land reforms
- writ petition
- infructuous
- Bihar Land Tribunal
- Board of Revenue
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14060 of 2015
======================================================
Ganga Devi Wife of Late Hazari Sah resident of village - Parsauni, Post
Office - Parsauni, Police Station - Bisfi, District - Madhubani
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Deputy Collector Land Reforms, Madhubani
3. The Additional Collector, Madhubani
4. Niras Sahu Son of Manu Lal Sahu resident of village - Parsauni, Police
Station - Bisfi, District - Madhubani
5. Shatrughan Narayan Mahto @ Mahta Son of Late Badri Narayan Mahto
resident of village - Parsauni, Police Station - Bisfi, District - Madhubani
6. Laxmi Sah Son of Late Nazari Sah
7. Shivjee Sah Son of Late Hazari Sah Both Nos. 6 and 7 are resident of village
- Partsauni, P.S. Bisfi, District - Madhubani
8. Geeta Devi Daughter of Late Hazari Sah and Wife of Ram Prasad Sah
resident of village - Kakarba Noor Chak, Post office - Dhagwa, Police
Station - Bisfi, District - Madhubani
9. Bechani Devi Daughter of Late Hazari Sah and Wife of Ganauri Prasad Sah
resident of village and Post Office Labha, Police Station - Keoti, District -
Darbhanga
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhas Ranjan, Advocate
For the Respondent/s : Mrs. GP-10-Kumari Amrita
Mr. S.K. Thakur, Advocate
Mr. Adiya Kr. Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 27-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“(A) A certiorari for setting aside the
order dated 01.04.2015 (Annexure-11) passed by
Bihar Land Tribunal Patna whereby and whereunder
B.LT. case No.118/2015 filed by the petitioner has
illegally been rejected.
Patna High Court CWJC No.14060 of 2015(5) dt.27-01-2026
2/2
(B) A certiorari for setting aside the order
dated 9.9.2014 (mnexure-10) passed by Learned
Additional Member, Board of Revenue has illegally
been rejected And also setting aside the order dated
24.4.2006 ( (Annexure-9) passed by the Collector
Madhubani in case No. 141/2000 2001 where-by and
where under well considered and reasoned order
passed by the Deputy Collector, Land Reforms,
Madhubani and Additional Collector, Madhubani
has been set aside law without considering the Mad
and facts involved in the case.
(C) Any other relief or reliefs which may
be granted in the fact and circumstances of the
present case may kindly be granted.”
3. Learned counsel for the petitioner submits 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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