Patna High Court
Hari PanditversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed as infructuous.
Summary
Hari Pandit filed a writ petition in the Patna High Court seeking a certiorari to quash the order dated 19 July 2017, which dismissed his application for restoration of ceiling case No. 06/2007 to its original file. The petitioner requested that the ceiling case be restored in the interest of justice. The State of Bihar contended that the matter was preempted by a change in law, rendering the petition ineffective. The Court accepted the State's submission and held that the writ petition had become infructuous. Consequently, the petition was disposed of without granting any relief.
Issues considered
- Whether the writ petition is maintainable in view of the alleged change of law and preemption.
- Whether the order dated 19 July 2017 dismissing the restoration application can be quashed.
- Whether the ceiling case No. 06/2007 should be restored to its original file.
Subjects
- writ jurisdiction
- certiorari
- preemption
- restoration of case
- infructuous petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16179 of 2018
======================================================
Hari Pandit Son of Late Rambhaju Pandit Resident of Village-Bhaluka, P.S.
Barhat, Block-Barhat, District-Jamui.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector/ District Magistrate, Jamui
3. Mosamat Suma Devi W/o Late Laxmi Pandit Resident of Village-Bhaluka,
P.S. Barhat, District-Jamui.
4. Kaili Devi Wife of Late Arjun Pandit, Resident of Village-Bhaluka, P.S.
Barhat, District-Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate
: Ms. Kanchan Kumari, Advocate
For the State : Mrs. Nutan Sahay, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 13-01-2026 Heard Ms. Kanchan Kumari, learned counsel for the
petitioner and Mrs. Nutan Sahay, learned AC to AAG-12.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of writ in nature
certiorari for quashing of the order dated
19.07.2017 passed in Misc. Case No. 03/2016
arising out of ceiling case no. 06/2007 passed by
District Magistrate-cum-Collector, Jamui
whereby and where under learned Collector has
dismissed the application of restoration of the
Patna High Court CWJC No.16179 of 2018(3) dt.13-01-2026
2/2
aforesaid ceiling case to its original file as
petitioner has prevented from sufficient cause in
not representing the case.
(ii) for that the further direction to
restore the ceiling case no. 06/2007 to its
original file in the interest of justice.
(iii) for any other relief or reliefs for
which this Hon’ble Court deem fit and proper.”
3. At the outset, learned counsel for the petitioner as
also learned State counsel submit that it being preemption
matter and with the change of law, the writ petition is become
infructuous.
4. Accordingly, the writ petition is disposed of as
become infructuous.
5. This would like to put its word of appreciation for
Ms. Kanchan Kumari, learned counsel for the petitioner for her
proper assistance rendered in the matter.
(Rajiv Roy, J)
vinayak/-
U
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