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Patna High Court

Kamini DeviversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The petition was dismissed as infructuous.

Summary

Kamini Devi filed a writ petition in the Patna High Court seeking certiorari to set aside several orders relating to ceiling revision and preemption issued by various land revenue officials. The petitioner argued that the orders should be quashed. During the hearing, counsel for the petitioner indicated that subsequent changes in the preemption matter rendered the petition unnecessary. The court accepted this submission and held that the petition had become infructuous. Consequently, the petition was disposed of without further adjudication of the merits.

Issues considered

  • Whether the writ petition seeking to set aside the earlier orders should be entertained or dismissed as infructuous

Subjects

  • writ petition
  • certiorari
  • preemption
  • ceiling revision
  • infructuous
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.21202 of 2018
                 ======================================================
                 Kamini Devi W/o Sri Arun Kumar R/o Village and PO Chapith,P.S.
                 Goraul,Sub division Mahua,Distt.-VaishaliPre emptor

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary, Land Revenue Department,
                 Government of Bihar, New Secretariat, Patna.
           2.    The Principal Secretary, Land Revenue Department, Government of Bihar,
                 New Secretariat, Patna.
           3.    The Commissioner,Tirhut Division, Muzaffarpur
           4.    The District Magistrate,Vaishali at Hajipur
           5.    The Additional Collector,Vaishali at Hajipur
           6.    The Deputy Collector, Land Reforms, Mahua, Vaishali at Hajipur
           7.    Tribhuvan Singh S/o Late Laxminarayan Singh, R/o village and P.O.
                 Chapaith, P.S. Goraul, Sub-Division-Mahua, District-Vaishali (1st Purchaser)
           8.    Amar Kumar S/o Late Mahabal Singh R/o Village and PO Chapaith,PS
                 Goraul,Sub Divbision Mahua,Distt.-Vaishali (Vendor)
           9.    Bibha Kumari W/o Late Arvind Singh R/o Village and PO Chapaith P.S.
                 Goraul,Sub Division Mahua, Distt.-Vaishali (2nd Purchaser)

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Chandra Kant, Advocate
                 For the State            :      Mr. Sajid Salim Khan, SC-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   06-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “(i) for issuance of writ of certiorari

                                        to set aside the order dated 12/03/2018 passed in

                                        BLT case no. 624/2016 (annexure-5) and set

                                        aside the order dated 07/06/2016 passed by the
            Patna High Court CWJC No.21202 of 2018(2) dt.06-01-2026
                                                       2/2




                                         Commissioner, Muzaffarpur in ceiling revision

                                         no. 107/2016 (annexure-4) and also to set aside

                                         the order dated 11/09/2015 passed by the

                                         Additional Collector, Vaishali in ceiling appeal

                                         no.114/2011-12 (annexure-3) and further affirm

                                         the order dated 16/09/2011 passed by D.C.L.R.,

                                         Mahua in ceiling case no.33/2010 (annexure-3).

                                                     (ii)    for      issuance   of   any   other

                                         appropriate writ\writs, order\orders, direction

                                         directions, for which petitioner may deemed

                                         entitled under the fact and circumstance of the

                                         case.”


                                  3. Learned counsel for the petitioner submits that in

                      view of the changes made relating to preemption matter, the writ

                      petition has become infructuous and as such, he may be

                      permitted to withdraw the petition.

                                  4. Accordingly, the writ petition is disposed of as

                      become infructuous.



                                                    (Rajiv Roy, J)
vinayak/-

U


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