Patna High Court
Bharat Singh,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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