Patna High Court
Bebi DeviversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SOURENDRA PANDEY
Holding
The petition was dismissed as infructuous because the impugned order had been set aside by the DCLR.
Summary
The petitioners, three women residing in Patna district, filed a civil writ petition against the State of Bihar and several officials. During the pendency of the petition, the District Collector and Land Reforms (DCLR) authority set aside the impugned order that was the subject of the writ. The petitioners' counsel argued that the case had become infructuous as a result. The court accepted this averment, noting the DCLR's reversal of the order, and consequently dismissed the petition as no longer having any operative relief. The dismissal was entered without addressing the merits of the original writ.
Issues considered
- Whether a writ petition becomes infructuous and dismissible when the order it challenges is set aside by the competent authority (DCLR).
Subjects
- civil writ jurisdiction
- infructuous petition
- order set aside
- DCLR
- petition dismissed
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9235 of 2021
======================================================
1. Bebi Devi Wife of Vinod Kumar Singh Resident of Village- Saheb Nagar,
P.S.- Gaurichak, District- Patna.
2. Sabita Devi Wife of Onkar Nath Singh Resident of Village- Bakarpur, P.S.-
Punpun, District- Patna.
3. Anita Devi Wife of Om Prakash Kumar Resident of Village- Chandedih,
P.S.- Punpun, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Revenue and Land
Reforms Department, Bihar, Patna.
2. District Magistrate, Patna.
3. The Senior Superintendent of Police, Patna.
4. Smt. Indrani Kumari, Anchal Adhikari, Punpun Anchal, District- Patna.
5. Sri Kundan Kumar, S.H.O., Punpun Police Station.
6. Manju Devi Wife of Yogendra Singh Resident of Village- Bhawani Chak,
P.S.- Jahanabad, District- Jahanabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate
Mr. Natraj Verma, Advocate
For the Respondent/s : Mr. Manish Kumar, GP-4
For Respondent No. 6 : Mr. Deovind Kumar Singh, Advocate
Mr. Utpal Kant, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 08-04-2026 Heard.
2. This case has been listed on the mentioning made
on behalf of the learned counsel for the petitioners Mr. Natraj
Verma, who has stated that during the pendency of the present
writ application the impugned order of this Court was set aside
by the DCLR and, therefore, the case has become infructuous.
3. In view of the averment and also taking into
Patna High Court CWJC No.9235 of 2021(3) dt.08-04-2026
2/2
account the Bench Slip, wherein it has been mentioned that the
impugned order of this case has been set aside by the DCLR, the
present case is dismissed as having become infructuous.
(Sourendra Pandey, J)
krishna/-
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