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Patna High Court

Rajendra Prasad Singh @ Rajendra SinghversusDharmendra Kumar Singh

Decided
Disposal
DISPOSED

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
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                          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
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                          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
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                                    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


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