Birendra Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11757 of 2014 ====================================================== 1.

Birendra Kumar Son of Late Sidho Singh @ Sidheshwar Singh 2.

Subodh Kumar Son of Late Sidho Singh @ Sidheshwar Singh 3.

Sanjeet Kumar Son of Late Sidho Singh @ Sidheshwar Singh 4.

Manoj Kumar Son of Late Bakhori Singh All 1 to 4 are resident of villageArian, P.O- Siswan, P.S and Anchal, Hisua, District- Nawada. 5.

Geeta Devi Wife of Kundan Singh and daughter of Late Bakhori Singh Resident of Village- Dakhingaon, P.O and P.S- Wazirganj, Distt- Gaya. 6.

Smt. Krishna Devi Wife of Ramswaroop Singh and daughter of Late Bakhori Singh Resident of village Aanti, PO- Kadirganj, PS- Nawada, Town, Distt- Nawada.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Commissioner, Gaya, District- Gaya.

3.

The Collector, Nawada, Distt- Nawada.

4.

The Deputy Collector Land Reforms,Nawada, Distt- Nawada. 5.

Jitendra Singh S/o Late Sidheshwar Singh 6.

Dipendra Singh Son of Late Sidheshwar Singh 7.

Surendra Singh Son of Late Sidheshwar Singh 8.

Most. Bachchi Devi Wife of Saudagar Singh Respondent No. 5 to 8 are resident of Village- Arian, P.O- Siswan, P.S and Anchal- Hisua, DisttNawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mrs. GP28- Geeta Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-01-2026 Heard the parties.

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

"i. To set aside the order dt. 24/03/2014 passed by the learned Chairman, The Bihar land

Patna High Court CWJC No.11757 of 2014(4) dt.13-01-2026 2/3 Tribunal, Patna in B.L.T. Case No.-81 of 2013 whereby and whereunder the learned chairman of the Tribunal set aside the order dt. 21/06/2012 passed by the learned Commissioner, Gaya in Ceiling Revision Case No.- 22 of 2009 and the order dt. 30/06/2009 passed by the learned collector, Nawada in Ceiling Appeal No.- 26 (R) of 2008 and further the learned Chairman of the Tribunal upheld the order dt. 10-10-07/24-10-2007 Passed by the DCLR, Nawada in pre-emption Case No.- 18/2006-07 filed by these petitioners.

ii. To set aside the order dt. 10-102007/24-10-2007 passed by the learned DCLR, NAWADA whereby pre-emption case No.- 18/200607 filed by these petitioners was dismissed. iii. To upheld the order dt. 30/06/2009 passed by the learned collector, Nawada in Ceiling Appeal No.- 26 (R)of 2008, which was preferred by the appellant/petitioners, whereby the order dt. 1010-07 / 24-10-2007 Passed by the DCLR, Nawada in pre-emption Case No.- 18/2006-07 was quashed with direction to take appropriate action within

Patna High Court CWJC No.11757 of 2014(4) dt.13-01-2026 3/3 three weeks in compliance of the aforesaid order. iv. To upheld the order dt 21/06/2012 passed by the learned Commissioner, Gaya in Ceiling Revision Case No.- 22 of 2009, which was preferred by the Respondents Nos.- 5 to 7, wherein the learned commissioner did not interfere as the order passed in revision is based on facts and law. v. To direct the respondents concerned to ensure the transfer of land be made in favour of the petitioners."

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. (Rajiv Roy, J) Adnan/- U