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Patna High Court

Deepak KumarversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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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