Patna High Court
Deepak KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is held to be infructuous and is disposed.
Summary
Petitioner Deepak Kumar filed a writ petition seeking to set aside several orders passed by the Bihar Land Tribunal, the Court of Commissioner, Magadh Division, and the DCLR, Tekari, and also to confirm an order of the Assistant Collector, Gaya. The petitioner argued that due to a change in circumstances relating to a pre-emption matter, the petition had become infructuous. The court, after hearing counsel, accepted this submission. No substantive examination of the merits of the earlier orders was undertaken. Consequently, the court held the writ petition to be infructuous and disposed of it. No relief was granted to the petitioner.
Issues considered
- Whether the writ petition is infructuous due to changed circumstances relating to a pre-emption matter
- Whether the orders of the Bihar Land Tribunal, Court of Commissioner, and DCLR can be set aside
Subjects
- land ceiling
- land tribunal
- writ petition
- infructuous
- pre-emption
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23654 of 2018
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Deepak Kumar S/o Late Nunu Chandra Bhaskar at present R/o Vill- Sherpura,
P.O.- Sadopur, P.S.- Alipur, District- Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Commissioner, Magadh Division, Gaya.
3. The Additional Collector, Gaya, Dist- Gaya.
4. The DCLR, Tekari.
5. Smt. Sharda Devi, W/o Ramswarup Sharma, R/o Vill- Sherpura, P.O.-
Sadopur, P.S.- Alipur, Dist- Gaya.
6. Smt. Shail Devi, W/o Late Raman Sharma, R/o Vill- Sherpura, P.O.-
Sadopur, P.S.- Alipur, Dist- Gaya at present residing in Vill- Bira, P.S.-
Hulasganj Ghosi, Dist- Jehanabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiw Kumar Prabhakar, Adv.
For the Respondent/s : Mr. Dhurjati Kumar Prasad, G.P. 14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-01-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) To set aside order dt.
20.07.2018 passed by Ld. The Chairman,
Bihar Land Tribunal Patna in BLT Case
455/2017, Deepak Kumar V/s State of Bihar
& ors. Whereby and where under Ld.
Chairman BLT was pleased to dismiss the
application of the petitioner to set aside
order dt. 01.03.2017 passed by Ld. Court of
Commissioner, Magadh Division Gaya in
Patna High Court CWJC No.23654 of 2018(2) dt.06-01-2026
2/2
land ceiling Revision Case No. 227/2014 and
consequentially to also set aside order dt.
01.03.2017 passed by Ld. Court of
Commissioner Magadh Division Gaya
passed in Ceiling Revision Case 227/2014
and order dt. 24.07.2002 passed by Ld.
Court of DCLR Tekari passed in Ceiling
Case No. 6/2001-02.
(ii) To confirm the order dt.
16.12.2013 passed by Ld. Court of Assistant
Collector, Gaya in Ceiling Appeal case
66/2011 and order to issuance of necessary
paper/document by the authority concerned
in the name of this petitioner.
(iii) To grant any relief/reliefs such
other for which this petitioner is entitled in
the facts and circumstances of the case.
3. Learned counsel for the petitioner submits that
with the changed circumstance relating to pre-emption matter,
the writ petition has become infructuous, as such, appropriate
order be passed.
4. The writ petition have become infructuous, is
disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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