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Patna High Court

Bharat Singh,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is held to be infructuous, and the court directs that the deposited amount be refunded, thereby disposing of the writ petition.

Summary

Bharat Singh filed a writ petition challenging an order dated 17 May 2019 issued by the Divisional Commissioner, Saran Division, concerning pre-emption (Revision No. 179/2018) and seeking its quash. He also requested that the Divisional Commissioner dispose of Revision No. 179/2008 on merit and that the amount he had deposited be refunded. The petitioner argued that the amendment to the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 2019 altered the legal position, rendering the petition infructuous. The court accepted that the change in law made the relief sought unnecessary and granted liberty to recover the deposited amount. Consequently, the writ petition was disposed of as infructuous.

Issues considered

  • Whether the order of the Divisional Commissioner dated 17‑05‑2019 can be quashed in view of the 2019 amendment to the Bihar Land Reforms Act.
  • Whether the revision petition (No. 179/2008) should be disposed of on its merits.
  • Whether the writ petition becomes infructuous due to the changed statutory regime.
  • Whether the petitioner is entitled to a refund of the amount deposited.

Subjects

  • pre-emption
  • land reforms
  • ceiling act
  • revision petition
  • writ petition
  • infructuous
  • refund

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20413 of 2019
                 ======================================================
                 Bharat Singh, S/o Singasan Singh, Resident of Village-Baniyachhapar, P.S.-
                 Phulwariya, District-Gopalganj.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Department of Revenue
                  and Land Reforms, Government of Bihar, Patna.
           2.    The Principal Secretary, The Department of Revenue and Land Reforms,
                 Government of Bihar, Patna.
           3.    The Commissioner, Saran Division at Chapra, District-Saran.
           4.    The Additional Collector, Gopalganj, District-Gopalganj.
           5.    The Deputy Collector, Land Reforms, Hathua, District-Gopalganj.
           6.     Jawahar Lal Singh, Son of Ram Brichh Singh, Resident of Village-Murar
                  Bataraha, P.S. Phulwaria, District-Gopalganj.
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Suresh Prasad Bhakta, Adv.
                 For the Respondent/s   :         Mr. Birendra Prasad Singh, AC to SC-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   07-01-2026                 Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                        (i) For issuance of appropriate writ
                                            for   quashing    the    order    dt.   17.05.2019
                                            (Annexure-4)     Passed     by    the    Divisional
                                            Commissioner Saran Division, is preemption
                                            179/2018 Thereby the Revision no. Divisional
                                            Commissioner. Saran Division has pleased to
                                            drop the instant revision in the light of the
                                            Bihar Land Reforms (Fixation of ceiling Area
                                            and Acquisition of Surplus land (Amendment)
                                            Act. 2019
                                                        (ii) For appropriate issuance of
           Patna High Court CWJC No.20413 of 2019(3) dt.07-01-2026
                                                      2/2




                                            commanding               writ/order/direction     the
                                            responded Divisional Commissioner, Saran
                                            Division Chapra to dispose of the perception
                                            Revision no. 179/2008 on merit is accordance
                                            of with law and do not affect the night of the
                                            petitioner with respect to the land in dispute
                                            which details are mentioned in para-3 of this
                                            writ application vide order dt. 07.09.2006
                                            (Annexure-2)        Passed      by   the   Additional
                                            Collector. Gopalganj in Ceiling Appeal Case
                                            no. 60 (05-06) Thereby the Additional
                                            Collector, Gopalganj has pleased to allow the
                                            appeal of the petitioner and seaside the order
                                            dt. 23.06.2001 (Annexure-1) in Ceiling Case
                                            no. 48/2000-1 passed by the DCLR. Hathua.
                                 3. Learned counsel for the petitioner submit that with

                     the changed circumstance/law relating to pre-emption matter, the

                     writ petition has become infructuous. However, the amount

                     deposited be directed to be returned.

                                 4. Granting said liberty to get the refund, the writ

                     petition is disposed of as infructuous.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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