Patna High Court
Rajendra Prasad Singh @ Rajendra SinghversusDharmendra Kumar Singh
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is held to be infructuous and is dismissed.
Summary
The petitioners, heirs of the late Rajendra Prasad Singh, filed a writ petition seeking to quash several orders passed under section 16(3) of the Bihar Land Reforms Surplus Land Act, 1961 relating to pre‑emption of land. The orders challenged included a resolution dated 31‑May‑2005 of the Additional Member, Board of Revenue and an order dated 5‑Sept‑2002 of the Additional Collector, Saran, among others. The petitioners argued that a subsequent change in law concerning pre‑emption rendered their reliefs moot. Justice Rajiv Roy held that, in view of the change in law, the petition had become infructuous and therefore dismissed the writ. The court also directed that any amount deposited by the petitioners be returned and that pending interlocutory applications be disposed of.
Issues considered
- What is the effect of the change in law on the pending writ petition seeking quashing of orders under section 16(3) of the Bihar Land Reforms Surplus Land Act, 1961?
- Whether the orders dated 31‑May‑2005 and 5‑Sept‑2002 can be set aside in the present circumstances?
Subjects
- pre-emption
- land ceiling
- Bihar Land Reforms Surplus Land Act
- quashing of order
- infructuous
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20143 of 2014
======================================================
1.1. Liachi Singh, Wife of Late Rajendra Prasad Singh @ Rajendra Singh,
Resident of Village- Karn Kundaria, Post Office - Dumarsan Bangra, Police
Station - Masharakh, District - Saran.
1.2. Surendra Kumar Singh, Son of Late Rajendra Prasad Singh @ Rajendra
Singh, Resident of Village- Karn Kundaria, Post Office - Dumarsan Bangra,
Police Station - Masharakh, District - Saran.
1.3. Satyendra Kumar Singh, Son of Late Rajendra Prasad Singh @ Rajendra
Singh, Resident of Village- Karn Kundaria, Post Office - Dumarsan Bangra,
Police Station - Masharakh, District - Saran.
... ... Petitioner/s
Versus
1. Dharmendra Kumar Singh S/o Late Parma Singh resident of village Karan
Kudaria, P.O.- Dumarsan Bangra, P.S.- Masharakh, District- Saran.
2. The State of Bihar
3. The Chairman, Bihar Land Tribunal, Bihar, Patna
4. The Additional Member, Board of Revenue, Bihar at Patna
5. The Additional Collector, Saran at Chapra
6. The Deputy Collector Land Reforms, Marhaurah, Saran
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jainendra Kumar, Advocate
For the Respondent/s : Mr. SC-14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 20-01-2026 Heard Mr. Jainendra Kumar, learned counsel for the
petitioners and Ms. Shatabdi Sinha for the State.
2. The present petition has been preferred for the
following relief(s):
“for quashing the order dated 8.9.2014
and passed order by Hon'ble Chairman Bihar hand
Tribunal, Patna in connection with B.L.T. Case No.
Patna High Court CWJC No.20143 of 2014(5) dt.20-01-2026
2/4
773 of 2013 arising out of C.W.J.C No.-794 of
2006) alongwith B.L.T. Case No. 774 of
2013(Arising out of C.W.J.C Case No.-4479 of
2006), B.L.T. Case No. 775/2013 (Arising out of
C.W.J.C No.-4733 of 2006) B.L.T. Case No.-776 of
2013 (Arising out of C.W.J.C. No.-4605 of 2006).
Whereby and where under aforesaid
writ application of C.W.J.C No.-794 of
2006 with C.W.J.C. No.-4479 of 2006 with C.W.J.C
4605 of 2006 with C.W.J.C No.-4733 of 2006 have
been transferred/remitted to the Bihar Land
Tribunal, Patna for adjudication of passed order
dated 28.10.2013 by Hon'ble Justice Jyoti Saran of
Hon'ble Patna High Court.
Thereafter aforesaid B.L.T. Case nos-
773/2013. 774/2014, 776/2013 and 775/2013 as
well as all these four writ petitioners question an
order passed by the statutory under section 16(3)
of the Bihar land Reforms surplus land Act, 1961
and aforesaid claim said Khata No.-353 & plot No.
-3553 situated at the resident of village-Karn
Kudaria, post-Dumarsan Bangra, P.S-Mashrakh,
Patna High Court CWJC No.20143 of 2014(5) dt.20-01-2026
3/4
Dist.-Saran (Chapra) -and aforesaid matter of
Provisions of section 16(3) of ceiling Act has been
heard by the Hon'ble Chairman of Bihar Land
Tribunal, Patna and dismissed on 8th September
2014.
Therefore that the Petitioner is also
prayed in that writ application for following
reliefs:-
(i) For that the petitioner prayed for
quashing the order as contained in Resolution
dated 31.5.2005 passed by the Additional Member,
Board of revenue, Bihar, Patna, Whereby Revision
Case Nos.- 242 of 2002, 243 of 2002, 244 of 2002,
245 of 2002 filed by the petitioner have rejected.
(ii) Quashing the order dated 5.9.2002,
passed by the Additional Collector, Saran in Land
ceiling Appeal Nos.-2,3,4 and 5 of 2000-01 has
been Affirmed. The appellate authority has set-
aside the order dated 26.12.2000 passed by the
D.C.L.R, Mahaurah in Land ceiling case no. 2,3,4
and 5 of 2000-2001 allowing application for pre-
emption filed by the petitioner under section 16(3)
Patna High Court CWJC No.20143 of 2014(5) dt.20-01-2026
4/4
of the ceiling Act.
(iii) For any other relief or reliefs to
which the petitioner may be found entitled.”
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.
6. Pending Interlocutory Application(s), if any, also
stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
Checking your session…