Patna High Court
Md. Reyaz Ansari @ PappuversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed as infructuous due to the change in pre-emption law.
Summary
The petitioner, Md. Reyaz Ansari, filed a writ petition seeking a certiorari to quash a Bihar Land Tribunal order that dismissed his earlier challenge to a ceiling revision order, and also sought a mandamus directing the transfer of land by registered deed as per earlier orders. The petitioner argued that a change in law concerning pre-emption rendered the case infructuous. The court examined the effect of the legal change on the pending reliefs and concluded that the petition no longer had a viable cause of action. Consequently, the writ petition was disposed of as infructuous. The court also directed that any statutory amount deposited by the petitioner be returned.
Issues considered
- Whether the change in law relating to pre-emption makes the writ petition infructuous
- Whether the order of the Bihar Land Tribunal dated 26.10.2016 should be quashed
- Whether a mandamus can be issued to compel transfer of land by registered deed
Subjects
- certiorari
- mandamus
- pre-emption
- land transfer
- infructuous petition
- high court writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2572 of 2017
======================================================
Md. Reyaz Ansari @ Pappu Son of Late Ishaque Ansari, Resident of Village-
Devipur, Police Station- Kursella, District- Katihar.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Divisional Commissioner, Purnea, Bihar.
3. The Collector, Katihar, Bihar.
4. The Land Reforms Deputy Collector, Katihar, Bihar.
5. Boudhu Mushar, Son of Jagdeo Mushar, resident of Village- Devipur, Police
Station- Kursella, Katihar.
6. Md. Ansari, Son of Md. Makbool Ansari, resident of Village- Devipur,
Police Station-Kursella, Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar
For the Respondent/s : Mr. Md. Khurshid Alam- AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 13-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for issuance of a writ in the nature of
certiorari for quashing the order dated 26.10.2016,
passed in BLT case No. 1196 of 2015, by the learned
Bihar Land Tribunal, Patna (hereinafter for brevity
referred to as the Tribunal), where the petitioner's
petition challenging the order dated 11.08.2015
passed in Ceiling Revision Case No.54 of 2014, by
the respondent no.2 has been dismissed.
The petitioner further prays for issuance
Patna High Court CWJC No.2572 of 2017(2) dt.13-01-2026
2/2
of a writ in the nature of mandamus commanding the
respondents concerned to transfer the land in
question by registered deed in favour of the
petitioner in compliance to order dated 08.02.2012
passed by respondent no.4 and upheld by the
respondent no.3 vide order dated 19.10.2013 passed
in Miscellaneous Ceiling Case No.610 of 2012.
Further, the petitioner prays for issuance
of any other appropriate writ/writs, order/orders
and/or direction/directions to which the petitioner is
found entitled to.”
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 statutory amount, if deposited, has to be returned.
(Rajiv Roy, J)
Adnan/-
U
Checking your session…