Patna High Court
MOHAN MANDALversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is held to be infructuous and is therefore disposed of.
Summary
Mohan Mandal filed a writ petition challenging three orders dated 14‑12‑2004, 29‑06‑2007 and 05‑01‑2010 issued in land‑ceiling proceedings. The petitioner argued that a subsequent change in law concerning pre‑emption made the relief sought no longer applicable. The court examined the effect of the legal amendment on the pending orders. Finding that the amendment rendered the petition moot, the court held the petition infructuous. Consequently, the petition was disposed of and any amount deposited by the petitioner was ordered to be returned.
Issues considered
- Whether the amendment in pre‑emption law renders the writ petition infructuous
- Whether the orders dated 14‑12‑2004, 29‑06‑2007 and 05‑01‑2010 can be set aside in view of the change in law
Subjects
- land ceiling
- pre-emption
- writ jurisdiction
- infructuous
- order set aside
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16581 of 2011
======================================================
MOHAN MANDAL Son of late Yugal Mandal, Resident of Village-
Rahatouli Tole- Dhabiyahi, P.S. Hathouri, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Commissioner , Darbhanga Division, Darbhanga.
3. The A.D.M., Samastipur.
4. The D.C.L.R., Samastipur.
5. Sri Shankar Mandal, Son of late Dukha Mandal, Resident of Village-
Rahtouli Tole- Dhobiyahi, P.S. Hathouri, District- Samastipur.
6. Sri Bindeshwar Singh, Son of late Jai Narain Singh, Resident of Village-
Kharari, P.S. Hayaghat, District- Darbhanga.
7. Most. Surya Mukhi Devi, W/o late Debendra Prasad Singh, Resident of
Village- Kharari, P.S. Hayaghat, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Anand, Adv.
For the Respondent/s : Mr. Nivedita Nirvikar Gp3
For resp. no. 5 : Mr. Bhubneshwar Prasad, Adv.
Mr. Pawan Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 03-02-2026 Heard Mr. Vijay Anand, learned counsel for the
petitioner and the State.
2. The present application has been preferred for the
following relief(s):
(a) Order dated 14.12.2004 passed
by Learned L.R.D.C. Samastipur in Land
Ceiling Case No. 32/2003.
(b) Order dated 29.06.2007 passed
by Learned Additional Collector, Samastipur
in Ceiling Appeal No. 123/05-06 whereby
Patna High Court CWJC No.16581 of 2011(7) dt.03-02-2026
2/2
and where under the order passed by
L.R.D.C. Samastipur was affirmed and
appeal filed by petitioner was dismissed.
(c) Order dated 05.01.2010 passed
by the Learned Commissioner, Darbhanga
Division, Darbhanga in Land Ceiling
Revision No. 21/07-08 whereby and where
under its hold that authority did not find any
infirmity in the order dated 29.06.2007 and
upheld it and rejected the revision
application.
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)
Vijay Singh/-
U
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