Patna High Court
Purnea Berojagar Jagriti Bahudeshiya Swablambi Sahkari Samiti Ltd. and AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as infructuous due to the change in law, and the settlement notice is effectively quashed.
Summary
The petitioners, two cooperative societies, challenged a settlement notice dated 10 March 2015 issued by the Sub‑Divisional Officer, which sought to settle the Sairat of the Rajasvya Hat and Bus Stand through auction. They argued that the law requires such settlement to be made with the cooperative society on the reserve Jama, not by auction, making the notice illegal. The petitioners further contended that a change in the law concerning pre‑emption rendered their claim moot. The Court held that, in view of the legislative change, the petition had become infructuous and therefore dismissed it. Consequently, any amount deposited under the notice must be returned to the petitioners.
Issues considered
- The settlement notice issued by the Sub‑Divisional Officer is contrary to the statutory requirement that Sairat be settled with the cooperative society on the reserve Jama.
- Whether the change in pre‑emption law makes the petitioners' relief claim infructuous.
Subjects
- settlement notice
- Sairat
- pre‑emption
- cooperative society
- reserve Jama
- auction
- writ petition
- infructuous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4477 of 2015
======================================================
1. Purnea Berojagar Jagriti Bahudeshiya Swablambi Sahkari Samiti Ltd. and
Anr S/o- Madan Sah. R/o village P.O.- Chapahari, P.S.- Rupauli, District -
Purnea.
2. Mithlesh Sah. S/o - Madan Sah. R/o village P.O.- Chapahari, P.S.- Rupauli,
District - Purnea.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Collector, Purnea.
3. The Sub Divisional Officer, Banmanmkhi, District - Purnea.
4. The Assistant, Registrar Swablambi Sahkari Samiti, Purnea-Anchal, Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Respondent/s : Mr. Raghwanand, GA-11
Mr. Sanjay Kr. Tiwari, AC to GA-11
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 03-02-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for quashing the settlement notice dated
10.03.2015 issued vide memo no. 1172 dated
10.03.2015, contained in Annexure-1, by
Respondent No.3, by which he has notified for
settlement of Sairat relating to Rajasvya Hat and
Bus Stand mentioned in Annexure-1 for 2015-16
which is against provision of law. The law provides
Patna High Court CWJC No.4477 of 2015(3) dt.03-02-2026
2/2
that the settlement of impugned sairat should be
made with the Co-operative Society on the reserve
Jama and not through auction, but in the instant
case the claim of the society has been ignored,
such action of the authority concerned is wholly
illegal against the provision of law, and the said is
fit to be quashed.”
3. Learned counsel for the petitioners submit 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 amount, if deposited, has to be returned.
(Rajiv Roy, J)
Ravi/-
U
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