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Patna High Court

Ram Sobhit SharmaversusThe Member Administrative Bihar Land Tribunal and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as infructuous, and the petitioner is allowed to withdraw any deposited amount.

Summary

The petitioner, Ram Sobhit Sharma, filed a writ petition seeking to set aside several orders dated between 2009 and 2017 issued by the Bihar Land Tribunal, the Commissioner, and the Collector concerning a land ceiling case and a pre-emption application. The petitioner argued that due to changes in law and the passage of time, the petition had become infructuous and requested that any amount deposited be allowed to be withdrawn. The respondents did not object to the petition. The Court held that the writ petition was indeed infructuous and ordered that the petitioner be permitted to withdraw any deposited amount. Consequently, the petition and all related interlocutory applications were disposed of.

Issues considered

  • Whether the writ petition is infructuous due to the passage of time and change of law
  • Whether the petitioner is entitled to withdraw the amount deposited in the proceedings

Subjects

  • writ petition
  • land ceiling
  • administrative tribunal
  • infructuous
  • deposit withdrawal
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.7937 of 2017
                 ======================================================
                 Ram Sobhit Sharma son of Late Bhagwat Thakur, resident of Village-
                 Daulatpur Dewariya, P.S.- Hajipur Sadar, P.O.- Subhai, District- Vaishali.

                                                                               ... ... Petitioner/s
                                                 Versus
           1.    The Member Administrative Bihar Land Tribunal and Ors
           2.    The Commissioner, Tirhut Pramandal, Muzaffarpur.
           3.    The Collector, Vaishali.
           4.    The Deputy Collector, Land Reforms, Vaishali at Hazipur.
           5.    Kapildeo Prasad Singh, son of Ramdas Prasad Singh, resident of Village and
                 P.O.- Bhaluyee, P.S.- Raja Pakar, District- Vaishali.
           6.    Smt. Mamta Rani, daughter of Pravin Prakash, resident of Village and P.O.-
                 Bhaluyee, P.S.- Raja Pakar, District- Vaishali.
           7.    Ram Nandan Thakur, son of Late Khelawan Thakur, resident of Village-
                 Daulatpur, Dewariya, P.S.- Hajipur Sadar, P.O.- Subahi, District- Vaishali.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Ashok Kumar, Adv.
                 For the Respondent/s   :         Mr. Rishi Raj Sinha- Sc19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   06-01-2026                  Heard the parties.

                               2. The present application has been preferred:

                                                       for issuance of appropriate writ,
                                            order or direction to set aside the order
                                            dated 31st of January 2017 (Annexure 4)
                                            passed by Member, Administrative (BLT) by
                                            which he has dismissed the BLT Case no.
                                            746   of   2016      and the      order    of    the
                                            Commissioner dated 02.08.2016 (Annexure
                                            3) passed in Consolidation Revision case no.
                                            113 of 2016 by which he had allowed the
                                            revision application filed by the O.P. No. 1
           Patna High Court CWJC No.7937 of 2017(4) dt.06-01-2026
                                                       2/2




                                            and 2 and has set aside the order dated 18th
                                            of March 2016 (Annexure 2) passed by the
                                            Collector, Vaishali in Land Ceiling Appeal
                                            Case NO. R 81/2009-10/84/2010-11 by
                                            which he had allowed the appeal filed by the
                                            petitioner here against the order dated 4th of
                                            December, 2009 (Annexure 1) by which DC
                                            LR Vaishali at Hajipur had dismissed the
                                            filed by the preemption application petitioner
                                            in Land Ceiling Case No. 9/2007 2008 and
                                            for stay of the operation of the orders
                                            (Annexure 4) during pendency of this
                                            application.
                                 3.    Learned counsel for the petitioner submits that

                     with the passage and time and the change of law, the writ

                     petition has become infructuous. However, the amount

                     deposited be allowed to be withdrawn.

                                 4. There is no objection from the other side.

                                 5. The writ petition is disposed of as infructuous

                     allowing the petitioner to withdraw the amount, if any.

                                 6. All the Interlocutory Application(s) also stands

                     disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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