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Patna High Court

Tinku PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was held to be infructuous due to the lapse of time and was disposed of.

Summary

Tinku Paswan filed a writ petition in the Patna High Court challenging a 15 April 2024 order by the Divisional Commissioner that directed the Nagar Panchayat to collect tax on two Sairats and to conduct a fresh auction, seeking certiorari, mandamus and a declaration that the settlement was not covered by the Model Code of Conduct. He alleged the order was illegal, arbitrary and mala fide and also requested protection of his settlement agreement dated 1 April 2024. The matter was heard on 27 April 2026. Counsel for the petitioner submitted that, owing to the passage of time, the petition had become infructuous. The court accepted this submission, held the petition to be infructuous, and disposed of it without further adjudication on the merits.

Issues considered

  • Whether the petition challenging the tax collection and auction order is maintainable after the lapse of time
  • Whether the settlement of Sairat is covered by the Model Code of Conduct under Article 324 of the Constitution

Subjects

  • Sairat
  • tax collection
  • certiorari
  • mandamus
  • Model Code of Conduct
  • election law
  • petition infructuous
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7313 of 2024
                 ======================================================
                 Tinku Paswan Son of Sahdeo Paswan, Resident of Mohalla- Raniganj,
                 Paswan Tola, Ward No.-4, P.O.Maryganj, P.S. Raniganj, District- Araria.

                                                                      ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar Through the Chief Secretary, Government of Bihar,
                 Patna.
           2.    The Additional Chief Secretary, Urban Development and Housing
                 Department, Government of Bihar, Patna.
           3.    The Divisional Commissioner, Purnea Division, Purnea.
           4.    The Nagar Panchayat, Raniganj, P.O. and P.S. Raniganj, District- Araria.
           5.    The Executive Officer, Nagar Panchayat, Raniganj, P.O. and P.S. Raniganj,
                 District- Araria.
           6.    Murli Manohar Singh, Son of not known to the petitioner, Resident of
                 Mohalla- Raniganj, Ward No. 17, P.O. Maryganj, P.S. Raniganj, District-
                 Araria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Awnish Kumar, Advocate
                 For the Respondent/s   :        Mr.Government Pleader 06
                 For respondent no. 4&5 :        Mr. Rajesh Kumar, Advocate
                                                 Mr. Sanjay Kumar, AC to SC-15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   27-04-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of an appropriate writ in the

                                            nature of order dated CERTIORARI for

                                            quashing the 15.04.2024 passed by the

                                            Respondent no.3 and contained in his memo

                                            no.372 dated 15.04.2024 whereby and where
Patna High Court CWJC No.7313 of 2024(5) dt.27-04-2026
                                            2/3




                                  under the Respondent no.3 has been pleased

                                  to direct the Respondent no.5 to allow the

                                  Respondent no.6 for collection of tax of two

                                  Sairats till 06.06.2024 and thereafter to take

                                  fresh auction for settlement of Sairat in

                                  question in accordance with law fixing Rs.62

                                  Lacs as the minimum reserved price;

                                  (ii) for issuance of an appropriate writ in the

                                  nature of MANDAMUS commanding and

                                  directing the Respondent Authorities not to

                                  disturb the petitioner in collection of Sairat

                                  in view of the settlement notice. Issued by the

                                  Respondent no.5 followed by the agreement

                                  dated 01.04.2024 in between the petitioner

                                  and the Respondent no.5, according to which

                                  the two Sairats were settled with the

                                  petitioner from 01.04.2024 to 31.03.2025;

                                  (iii) for a declaration that since the

                                  settlement of Sairat is not covered by the

                                  Model Code of Conduct prescribed by the

                                  Election Commission of India in exercise of

                                  its   power      under   Article   324   of   the
         Patna High Court CWJC No.7313 of 2024(5) dt.27-04-2026
                                                     3/3




                                           Constitution of India, the impugned order

                                           passed by the Respondent no.3 cancelling

                                           the petitioner's contract with the Respondent

                                           no.5 is thoroughly Illegal, arbitrary and

                                           malafide;

                                           (iv) for issuance of any other appropriate

                                           writ/writs. order/ orders, direction/directions

                                           for which the writ petitioner would be found

                                           entitled under the facts and circumstances of

                                           the case..

                                3. Mr. S.B.K. Mangalam, learned counsel for the

                   petitioner submits that with the passage of time,             the writ

                   petition has become infructuous.

                                4. As such, the same stands disposed of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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