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Patna High Court

Sukalu RamversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed as infructuous because the underlying title suit had been disposed of.

Summary

The petitioner, Sukalu Ram, filed a writ petition seeking to quash an order dated 13 July 2018 passed by the B.L.T. Court, which had rejected his case on the same grounds as an earlier order of the Additional Collector. He also sought any other appropriate relief. During the hearing, the petitioner disclosed that his Title Suit No. 140 of 2014, which related to the same land dispute, had been finally disposed of. The court considered that the disposal of the title suit rendered the writ petition moot. Consequently, the court held that the petition had become infructuous and ordered its disposal. No substantive merits of the writ were examined as the petition was deemed unnecessary.

Issues considered

  • What is the appropriate disposition of a writ petition when the underlying civil suit concerning the same subject matter has been finally disposed of?

Subjects

  • writ petition
  • civil writ jurisdiction
  • mutation
  • land reform
  • infructuous
  • quashing order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20370 of 2018
                 ======================================================
                 Sukalu Ram Son of Ghurfekan Ram, resident of Village- Gangwaliya, P.O.-
                 Besahee, P.S. Anchal- Kudra, District- Kaimur at Bhabua.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     The State Of Bihar
           2.    The District Collector-cum-District Magistrate, Kaimur at Bhabua.
           3.    The Additional Collector, Kaimur at Bhabua.
           4.    The Deputy Collector Land Reform, Mohania, Kaimur.
           5.    The Anchal Adhikari, Kudra, District- Kaimur.
           6.     Bechan Ram, Son of Late Gharbharan Ram, Village- Gangwaliya, P.O.-
                  Basahee, Anchal- Kudra, District- Kaimur.
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Ravi Shankar Sahay, Advocate
                 For the State            :          Mrs. Nutan Sahay, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   06-01-2026                     Heard Mr. Ravi Shankar Sahay, learned counsel for

                   the petitioner and Mr. Amrendra Narayan Rai, learned counsel

                   representing the respondent no.6 as also Mr. Nutan Sahay, learned

                   AC to AAG-12 representing the State.

                                 2. The present petition has been preferred for the grant

                   of following relief(s):

                                                     “(i)     for issuance of the appropriate

                                        writ/writs      for    quashing     the    order   dated

                                        13.07.2018 passed by the B.L.T. Court in short

                                        called as “Tribunal” in B.L.T. Case No. 829/17

                                        whereby and where under the court has rejected

                                        the case of the petitioner committing the same

                                        mistake as was committed the court of Additional

                                        Collector vide its order dated 03.11.2017 in
            Patna High Court CWJC No.20370 of 2018(3) dt.06-01-2026
                                                       2/2




                                         Mutation Rev. No. 34/2014-15 who had set-aside

                                         the orders passed commonly on 16.06.2014 in

                                         Mutation Case No. 36/2013-14 and 37/2013-14

                                         and affirm of the order of the Circle Officer dated

                                         16.02.2013 in Mutation Case No. 2113/2012-13

                                         and order dated 28.06.2013 in Mutation Case No.

                                         869/2013-14.

                                                     (ii) for issuance of relief/reliefs which

                                         may be deemed fit and proper under the

                                         circumstances of case.”


                                  3. At the outset, it has been accepted by learned

                      counsel for the petitioner that Title Suit No. 140 of 2014 which

                      was preferred by the petitioner himself now stand disposed of. He

                      submits that in that background, the writ petition has become

                      infructuous.

                                  4. Considering the aforesaid development, that has

                      been brought to the knowledge of the Court by the learned

                      counsel for the petitioner, appreciating the said submission, the

                      writ petition is disposed of as become infructuous.



                                                    (Rajiv Roy, J)
vinayak/-

U


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