Patna High Court
Sri Ram Swarath YadavversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is infructuous and therefore must be dismissed.
Summary
Sri Ram Swarath Yadav filed a writ petition in the Patna High Court seeking a writ of certiorari to quash an order dated 03-04-2013 passed by the Commissioner, Darbhanga Division, which had allowed an appeal and set aside an earlier order of the Additional Collector dated 14-09-2009 in a land ceiling matter. The petitioner argued that a subsequent change in law concerning pre-emption rendered the relief sought moot. The Court examined whether the petition remained maintainable in light of the legislative amendment. Finding that the change of law made the subject matter of the petition irrelevant, the Court held the petition to be infructuous. Consequently, the petition was disposed of, and any amount deposited by the petitioner was ordered to be returned.
Issues considered
- What is the effect of the change in pre-emption law on the maintainability of the writ petition seeking to quash the 2013 order?
- Whether the Court should grant a writ of certiorari to set aside the Commissioner’s order in view of the changed legal position?
Subjects
- writ of certiorari
- land ceiling
- pre-emption
- infructuous petition
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21645 of 2014
======================================================
Sri Ram Swarath Yadav S/o Late Subalal Yadav Resident of Village Hasanpur
Sagma @ Chaita, Tola Bastri, P.O. Chaita, P.S. Angarghat, Anchal Ujiarpur,
District Samastipur.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Commissioner, Darbhanga Division, Darbhanga.
3. The District Magistrate-cum-Collector, Samastipur.
4. The Addl. Collector, Samastipur.
5. The Land Reforms Deputy Collector, Dalsingsarai, District Samastipur.
6. Sri Dhanuki Rai S/o Late Phulan Rai Resident of Village Hasanpur Sagama
@ Chaita, Tola Bastri, P.O. Chaita Tole, Bastri, P.O. Chaita, P.S. Angarghat,
Anchal Ujiarpur, District Samastipur.
7. Sri Phochchand Rai S/o Late Rijhan Rai Resident of Village Hasanpur
Sagama @ Chaita, P.O. Chaita, P.S. Angarghat, District Samastipur.
8. Bindeshwar Rai S/o Rijhan Rai Resident of Village Hasanpur Sagama @
Chaita, P.O. Chaita, P.S. Angarghat, District Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Respondent/s : Mr. GP-25- Manikant Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 19-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for issuance of a writ of certiorari
quashing the order dtd. 03.04.2013 passed in Land
Ceiling Case No. 53/2008-09 by the Commissioner,
Darbhanga Division, whereby the Commissioner,
Darbhanga Division has allowed the appeal and
Patna High Court CWJC No.21645 of 2014(3) dt.19-01-2026
2/2
set-aside the order dated 14.09.2009 passed by the
Addl. Collector in Case No. 75/2007-08 and/or
pass such other order/orders as your Lordship may
think fit and proper.”
3. Learned counsel for the petitioner submits 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.
(Rajiv Roy, J)
Adnan/-
U
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