Patna High Court
Rama Nand ChoudharyversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is held to be infructuous and is therefore disposed of.
Summary
The petitioner, Rama Nand Choudhary, filed a writ petition in the Patna High Court seeking to set aside two orders: a revision order dated 15‑12‑2016 concerning land‑ceiling pre‑emption, and a pre‑emption appeal order dated 10‑4‑2005. He argued that a subsequent change in law relating to pre‑emption rendered the earlier orders obsolete. The court examined whether the petition remained maintainable in light of the legislative amendment. Relying on the fact that the change of law made the relief sought moot, the court held that the petition could no longer be pursued. Consequently, the writ petition was disposed of as infructuous and the court directed that any statutory amount deposited be returned to the petitioner.
Issues considered
- What is the effect of the change in pre‑emption law on the maintainability of the petition seeking to set aside the 2016 revision order and the 2005 pre‑emption appeal order?
Subjects
- pre-emption
- land ceiling
- revision
- writ petition
- infructuous
- High Court
- land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3340 of 2017
======================================================
Rama Nand Choudhary Son of Late Sheo Balak Choudhary, Resident of
Village- Telkathu, Police Station- Mazharul Haque Nagar, District- Siwan.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Principal Secretary, Department of Revenue, Government of Bihar,
Patna.
3. The District Collector, Siwan.
4. The Additional Collector, Siwan.
5. The Deputy Collector Land Reforms, Siwan.
6. The Circle Officer Husainganj, District- Siwan.
7. Sheonath Choudhary, Son of Bodhi Choudhary, Resident of Village-
Telkathu, Police Station- Mazharul Haque Nagar, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar, Advocate
For the Respondent/s : Mr. Dhurjati Kr. Prasad, GP-14
======================================================
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):
“i. For setting aside order dated
15.12.16 passed in Revision (land ceiling Pre-
emption) Case no 109/2005 passed by Mr. K.K.
Pathak I.A.S, Additional Member Board of
Revenue, Bihar Patna, whereby and where under
dismissed the revision petition of the petitioner
observing that revision petition is not
Patna High Court CWJC No.3340 of 2017(2) dt.13-01-2026
2/2
maintainable.
ii. For setting aside the order dated
10.4.2005 passed in Pre-emption Appeal no 412 of
2012 passed by Collector Siwan where by affirm
the order dated 3.8.2002 passed b DCLR Siwan in
Pre-emption case no 34/2000-2001.
iii. For any other relief reliefs for which
the petitioner may be found entitled to in the facts
and circumstances of the case.”
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
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