Patna High Court
Surya Deo RaiversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed of on account of the settlement reached between the parties.
Summary
The petitioners, members of the late Surya Deo Rai family, filed a writ petition seeking certiorari to quash a January 2015 order of the Bihar Land Tribunal that allowed a pre-emption claim by respondents 6‑9, overturning earlier orders of the Divisional Commissioner and the District Collector. During the hearing on 16‑02‑2026, the parties disclosed that they had reached an amicable settlement on 24‑01‑2026. The petitioner's counsel accepted the settlement and requested disposal of the writ. The court, after noting the settlement agreement, disposed of the petition without further adjudication on the merits. The petition was therefore closed on the basis of the parties' compromise.
Issues considered
- Whether the order of the Bihar Land Tribunal allowing the pre‑emption should be quashed.
- Whether the earlier orders of the Divisional Commissioner and the District Collector were validly set aside.
- Whether the writ petition remains maintainable after the parties have reached a settlement.
Subjects
- writ petition
- certiorari
- land reform
- pre‑emption
- settlement
- civil writ jurisdiction
- Bihar Land Tribunal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3412 of 2015
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1.1. Shiv Sundari Devi W/o Late Surya Deo Rai, Resident of Village - Sandwara
Madhurapur, P.S. - Bajpatti, Sub-Division-Pupari, District- Sitamarhi.
1.2. Nandeshwar Kumar S/o Late Surya Deo Rai, Resident of Village - Sandwara
Madhurapur, P.S. - Bajpatti, Sub- Division-Pupari, District- Sitamarhi.
1.3. Ghanshyam Kumar S/o Late Surya Deo Rai, Resident of Village - Sandwara
Madhurapur, P.S. - Bajpatti, Sub-Division-Pupari, District- Sitamarhi.
1.4. Vijay Kumar S/o Late Surya Deo Rai, Resident of Village - Sandwara
Madhurapur, P.S. - Bajpatti, Sub- Division-Pupari, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Commissioner, Tirhut Division, Muzaffarpur.
3. The Additional Collector , Sitamarhi.
4. Land Reforms Deputy Collector, Pupari, District- Sitamarhi.
5. The Circle Officer, Bajapatti, District- Sitamarhi.
6. Usha Singh w/o Late Dr. Jay Prakash Narayan Singh.
7. Manish Kumar S/o Late Dr. Jay Prakash Narayan Singh.
8. Ranvijay s/o Late Dr. Jay Prakash Narayan Singh.
9. Uday Pratap s/o Late Dr. Jay Prakash Narayan Singh. All resident of village-
Singarphulkahan, P.S. - Kanti, District- Muzaffarpur, Presently residing at
Madhurapur, P.S. and Circle- Bajapatti, District- Sitamarhi
10. Prashant Kumar Singhs/o Bijali Prasad Singh, resident of ABM Mechanical,
TISCO, Jamshedpur, House no.3, Central Avenue, Jamshedpur Town,
Singbhum, Jharkhand.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate
Mr. Kumar Gaurav, Advocate
Ms. Sheshadri Kumari, Advocate
Mr. Shashank Kashyap, Advocate
For the Respondent/s : Mr. GA-12-Ajay
For the Resp nos. 6 to 9 : Mr. Chittaranjan Sinha, Sr. Advocate
Mr. Sanjeet Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 16-02-2026 Heard Mr. Ranjan Kumar Dubey, learned counsel for
the petitioner and Mr. Chittranjan Sinha, learned Sr. Advocate
Patna High Court CWJC No.3412 of 2015(7) dt.16-02-2026
2/3
for the respondent nos. 6 to 9.
2. The present petition has been preferred for the
following relief(s):
“for issuance of writ/writs, order/orders
for issuance of writ in the nature of certiorari for
quashing the order dated 19.1.2015 passed by
Hon'ble Chairman, Bihar Land Tribunal, Patna in
BLT Case No. 900/2013 by which he has allowed
the pre-emption as filed by respondents no. 6 to 9
after setting aside the order dated 21.10.2013 as
passed by Divisional Commissioner, Tirhut
Division in Ceiling Pre-emption Appeal No.
96/2008 and order dated 13.04.2007 passed by the
DCLR, Pupri (Sitamarhi) in Land Ceiling Case No.
22/2006-2007.”
3. At the outset, both the parties have drawn the
attention of this Court to the supplementary counter-affidavit
filed on behalf of respondent nos. 6 to 9 and learned Senior
counsel has taken this Court to paragraph-6 to show that on
24.01.2026, the parties came to an amicable
settlement/agreement under compromise-cum-settlement/
agreement head.
Patna High Court CWJC No.3412 of 2015(7) dt.16-02-2026
3/3
4. Learned counsel for the petitioner endorses the
submission put forward by learned Senior counsel and submits
that in the light of the aforesaid development that has taken
place, the writ petition be disposed of.
5. This Court has taken note of the agreement dated
24.01.2026 and accepting the submissions put forward by the
parties, the writ petition stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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