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Patna High Court

Sri Ram Swarath YadavversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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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