Created by Fuzzy Cloud

Patna High Court

Dineshwar SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition was dismissed as infructuous, with no determination on the merits of the challenge.

Summary

The petitioner, Dineshwar Singh, filed a writ petition challenging an order dated 30 June 2016 issued by the Additional Collector, Jamui, which withheld a compensation amount on the ground that a partition suit was pending. The petition sought to declare the order illegal and invalid. The petitioner’s counsel later informed the court that the grievance had been resolved and requested withdrawal of the petition. The court accepted the withdrawal and found no need to adjudicate the merits of the challenge. Consequently, the writ petition was disposed of as infructuous.

Issues considered

  • Whether the Additional Collector's order withholding compensation pending a partition suit is legal and valid.

Subjects

  • writ jurisdiction
  • compensation
  • partition suit
  • order of Additional Collector
  • petition withdrawn

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18636 of 2016
                 ======================================================
                 Dineshwar Singh son of late Asho Singh, resident of village Parsa, P.S.
                 Khaira, District Jamui.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           2.    District Magistrate cum Collector, Jamui.
           3.    Deputy Development Commissioner, Jamui.
           4.    Additional Collector, Jamui.
           5.    Prabhakar Kumar Singh,
           6.    Diwakar Prasad Singh,
           7.    Vibhakar Kumar Singh, all sons of late Nand Kishore Singh resident of
                 village Parsa, P.S. Khaira, District Jamui.
           8.    Raj Kishore Singh son of late Asho Singh, resident of village Parsa, P.S.
                 Khaira, District Jamui.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prabhat Ranjan Singh, Advocate
                 For the State            :      Mr. Sajid Salim Khan, SC-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   13-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “for challenging and disputing the

                                        legality and validity of order dated 30.06.2016

                                        contained in letter 21-49/15-712/Ra. dated

                                        30.06.2016 issued by Additional Collector,

                                        Jamui, whereby and where under amount of

                                        compensation has been withheld for want of an
            Patna High Court CWJC No.18636 of 2016(3) dt.13-01-2026
                                                        2/2




                                         order of partition suit from Civil Court which

                                         has     been         instituted   by   objector-private

                                         respondents vide Partition Suit No.96/2015.”


                                  3. Mr. Prabhat Ranjan Singh, learned counsel for the

                      petitioner submits that grievance stands redressed as such, he

                      may be permitted to withdraw the petition.

                                  4. Accordingly, the writ petition is disposed of as

                      become infructuous.



                                                    (Rajiv Roy, J)
vinayak/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.