Patna High Court
Rajbansh SinghversusSri Vivek Singh, The Director of Consolidation (Headquarter)
- Decided
- Disposal
- DISMISSED
- Bench
- AJIT KUMAR
Holding
The application was dismissed as it had become infructuous due to the merger of the interim order into the final order.
Summary
The petitioners filed an application seeking relief against several officials of the Consolidation Department. The State counsel informed the court that the interim order in this matter had merged with a final order dated 18 March 2025 in Civil Writ Jurisdiction Case No.1198 of 2011. That final order directed the petitioners to pursue an alternative remedy under Section 9 of the Bihar Land Tribunal Act, 2009. Because the earlier order was subsumed by the later final order, the pending application could no longer be entertained. Consequently, the court held the application to be infructuous and dismissed it.
Issues considered
- What is the effect of a merger of an interim order into a final order on a pending application?
- Whether the petitioners must pursue the alternative remedy under Section 9 of the Bihar Land Tribunal Act, 2009.
Subjects
- interim order
- final order
- merger
- alternative remedy
- Section 9
- Bihar Land Tribunal Act
- infructuous
- dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1404 of 2021
In
Civil Writ Jurisdiction Case No.735 of 2011
======================================================
Rajbansh Singh S/o Late Ram Sumer Singh R/o Village Chhatarpura, P.O.
Deohalia, P.S. Ramgarh, Dist.- Kaimur (Bhabhua).
... ... Petitioner/s
Versus
1. Sri Vivek Singh, The Director of Consolidation (Headquarter) Bihar, Patna.
2. Sri Lal Babu Singh, Additional Collector Cum The Deputy Director
Consolidation, Rohtas at Sasaram.
3. Sri Arun Kumar Das, The Consolidation Officer, Ramgarh, District - Kaimur
at Bhabhua.
4. Sri Kamlesh Kumar Tiwary, Assistant Consolidation Officer, Ramgarh, Dist.
Kaimur.
5. Sri Rana Ranjeet Singh, the then Anchal Adhikari, Ramgarh.
6. Sri Hemendra Kumar, Anchal Adhikari, Ramgarh, P.S. Ramgarh, Dist. -
Kaimur.
7. Mostt. Sharda Kuer, W/o Late Yamuna Singh, Resident of Village -
Chhatarpura, P.O. - Deohalia, P.S. Ramgarh, Dist. - Kaimur (Bhabhua).
8. Ravindra Singh, Son of Late Yamuna Singh, Resident of Village -
Chhatarpura, P.O. - Deohalia, P.S. Ramgarh, Dist. - Kaimur (Bhabhua).
9. Sanjay Singh, Son of Late Yamuna Singh, Resident of Village - Chhatarpura,
P.O. - Deohalia, P.S. Ramgarh, Dist. - Kaimur (Bhabhua).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rewti Kant Raman, Adv.
For the Opposite Party/s : Mr.Md. Khurshid Alam (AAG 12)
For the Resp. 7, 8 & 9 : Mr. Kamala Kant Tiwary, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 16-02-2026 Counsel for the State points out that the interim order
has merged into the final order passed in this case vide order
dated 18.03.2025 passed in CWJC No. 1198 of 2011 by which
the petitioners have been directed alternative remedy under
Section 9 of the Bihar Land Tribunal Act, 2009 and, in view of
Patna High Court MJC No.1404 of 2021(3) dt.16-02-2026
2/2
such merger, the instant application has become infructuous.
2. Dismissed as having become infructuous.
(Ajit Kumar, J)
rishi/-
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