Patna High Court
Bindeshwar JhaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
Checking your session…