Rajendra Prasad Singh @ Rajendra Singh v. Dharmendra Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20143 of 2014 ====================================================== 1.1. Liachi Singh, Wife of Late Rajendra Prasad Singh @ Rajendra Singh, Resident of Village- Karn Kundaria, Post Office - Dumarsan Bangra, Police Station - Masharakh, District - Saran.

1.2. Surendra Kumar Singh, Son of Late Rajendra Prasad Singh @ Rajendra Singh, Resident of Village- Karn Kundaria, Post Office - Dumarsan Bangra, Police Station - Masharakh, District - Saran. 1.3. Satyendra Kumar Singh, Son of Late Rajendra Prasad Singh @ Rajendra Singh, Resident of Village- Karn Kundaria, Post Office - Dumarsan Bangra, Police Station - Masharakh, District - Saran. ... ... Petitioner/s

Versus

1.

Dharmendra Kumar Singh S/o Late Parma Singh resident of village Karan Kudaria, P.O.- Dumarsan Bangra, P.S.- Masharakh, District- Saran. 2.

The State of Bihar 3.

The Chairman, Bihar Land Tribunal, Bihar, Patna 4.

The Additional Member, Board of Revenue, Bihar at Patna 5.

The Additional Collector, Saran at Chapra 6.

The Deputy Collector Land Reforms, Marhaurah, Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jainendra Kumar, Advocate For the Respondent/s :

Mr. SC-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-01-2026 Heard Mr. Jainendra Kumar, learned counsel for the petitioners and Ms. Shatabdi Sinha for the State.

2. The present petition has been preferred for the following relief(s):

"for quashing the order dated 8.9.2014 and passed order by Hon'ble Chairman Bihar hand Tribunal, Patna in connection with B.L.T. Case No.

2/4 773 of 2013 arising out of C.W.J.C No.-794 of 2006) alongwith B.L.T. Case No. 774 of 2013(Arising out of C.W.J.C Case No.-4479 of 2006), B.L.T. Case No. 775/2013 (Arising out of C.W.J.C No.-4733 of 2006) B.L.T. Case No.-776 of 2013 (Arising out of C.W.J.C. No.-4605 of 2006). Whereby and where under aforesaid writ application of C.W.J.C No.-794 of 2006 with C.W.J.C. No.-4479 of 2006 with C.W.J.C 4605 of 2006 with C.W.J.C No.-4733 of 2006 have been transferred/remitted to the Bihar Land Tribunal, Patna for adjudication of passed order dated 28.10.2013 by Hon'ble Justice Jyoti Saran of Hon'ble Patna High Court.

Thereafter aforesaid B.L.T. Case nos773/2013. 774/2014, 776/2013 and 775/2013 as well as all these four writ petitioners question an order passed by the statutory under section 16(3) of the Bihar land Reforms surplus land Act, 1961 and aforesaid claim said Khata No.-353 & plot No. -3553 situated at the resident of village-Karn Kudaria, post-Dumarsan Bangra, P.S-Mashrakh,

3/4 Dist.-Saran (Chapra) -and aforesaid matter of Provisions of section 16(3) of ceiling Act has been heard by the Hon'ble Chairman of Bihar Land Tribunal, Patna and dismissed on 8th September 2014.

Therefore that the Petitioner is also prayed in that writ application for following reliefs:- (i) For that the petitioner prayed for quashing the order as contained in Resolution dated 31.5.2005 passed by the Additional Member, Board of revenue, Bihar, Patna, Whereby Revision Case Nos.- 242 of 2002, 243 of 2002, 244 of 2002, 245 of 2002 filed by the petitioner have rejected. (ii) Quashing the order dated 5.9.2002, passed by the Additional Collector, Saran in Land ceiling Appeal Nos.-2,3,4 and 5 of 2000-01 has been Affirmed. The appellate authority has setaside the order dated 26.12.2000 passed by the D.C.L.R, Mahaurah in Land ceiling case no. 2,3,4 and 5 of 2000-2001 allowing application for preemption filed by the petitioner under section 16(3)

4/4 of the ceiling Act.

(iii) For any other relief or reliefs to which the petitioner may be found entitled."

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.

6. Pending Interlocutory Application(s), if any, also stands disposed of.

(Rajiv Roy, J) Adnan/- U