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Patna High Court

MOHAN MANDALversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The petitioner argued that a subsequent change in law concerning pre‑emption made the relief sought no longer applicable.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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