Created by Fuzzy Cloud

Patna High Court

Bindeshwar JhaversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as infructuous and the order dated 07‑11‑2002 stands.

Summary

The petitioner, Bindeshwar Jha, filed a writ petition seeking to set aside an order dated 07‑11‑2002 passed by the Member, Board of Revenue, which had dismissed his revision application and confirmed an earlier appellate order. He contended that a subsequent change in law concerning pre‑emption rendered the matter moot. The court examined the relief sought and the effect of the legal change, concluding that the petition no longer had any operative issue. Accordingly, the writ petition was held to be infructuous and was disposed of. Any amount deposited by the petitioner was ordered to be returned.

Issues considered

  • Whether the order dated 07‑11‑2002 passed by the Member, Board of Revenue can be set aside.
  • Whether the change in law relating to pre‑emption makes the petition infructuous.

Subjects

  • civil writ jurisdiction
  • pre‑emption
  • board of revenue
  • revision
  • infructuous
  • petition dismissed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19535 of 2016
                 ======================================================
                 Bindeshwar Jha son of Late Jai Govind Jha, resident of Village- Sajhuar,
                 Police Station- Bahera, District- Darbhanga.

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar.
           2.    The Member, Board of Revenue, Bihar, Patna.
           3.    The Additional Collector, Darbhanga.
           4.    The L.R.D.C., Benipur, Darbhanga.
           5.    Amaresh Kumar Jha
           6.    Viveka Nand Jha, Both S/o Surendra Jha.
           7.    Phanindra Nath Jha son of Late Babu Jai Kant Jha. All are resident of
                 village- Sajhuar, Police Station- Bahera, District- Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Rajib Ranjan Jha, Advocate
                 For the Respondent/s   :     Mr. Dhurjati Kr. Prasad, GP-14
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   13-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                            “for issuance of appropriate writ or

                                  writs, direction or directions for setting aside the

                                  order/judgment dated- 07.11.2002 passed by the

                                  Respondent No. 2 151 of 2000 as in Board

                                  Revision Case No. contained in Annexure- 4 which

                                  was based on the order/judgment dated 07.11.2002

                                  passed by the Respondent No. 2 in Board Revision
          Patna High Court CWJC No.19535 of 2016(3) dt.13-01-2026
                                                     2/2




                                    Case No. 181 of 2000, whereby and whereunder he

                                    was pleased to set aside the revision application

                                    filed by the petitioner and confirmed the order

                                    passed by the Respondent No. 3 vide order dated

                                    20.05.2000 in Appeal Case No. 3 to 8 of 1998 and

                                    or pass any other consequential writ or writs under

                                    the facts and circumstances of the case.”

                                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)
Adnan/-

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.