Shri Shyam Sai Clesses Private Limited v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5946 of 2017 ====================================================== Shri Shyam Sai Clesses Private Limited ... ... Petitioner/s
Versus
The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Navin Prasad Singh, Adv.
For the Respondent/s :
Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-11-2025 Heard the parties.
2. The present application has been preferred for the following relief(s):
(i) For issuance of writ in the nature of certiorari for quashing the order dated 14.09.2016 passed by Sri K.P.
Ramaiah, learned Member Administrative of Bihar Land Tribunal, Patna in B.L.T. Case No. 863 of 2014 whereby the learned Member of Tribunal has dismissed the application of petitioner after confirming the orders of the learned Court below without assigning any reason.
(ii) For setting aside the order dated 08.07.2014/19.07.2014 passed by the Additional Collector, Arwal in Mutation Revision No. 2/AC/2013-14 whereby the Revision Application of the petitioner has been rejected and the order dated
2/4 13.08.2013passed by Land Reforms Deputy Collector, Arwal in Mutation Appeal No.
02/13-14 has been affirmed.
(iii) For quashing the order dated 13.08.2013 passed by Land Reforms Deputy Collector, Arwal in Mutation Appeal No.
02/13-14 by which the two orders both dated 04.01.2013 passed in Mutation Case No.
1175/12-13 and 1176/12-13 by the Circle Officer, Arwal Circle have been set aside and further the Circle Officer, Arwal was directed to sent the proposal for cancellation of Jamabandi created by the Circle Officer, Arwal in favour of Gulabi Devi, Ravi Kumar and Mathura Kumar.
(iv) Any other relief or reliefs, the petitioner is entitled for in the facts and circumstance of the present case.
3. The matter relates to the following piece of land: Mauza- Koriyam;
Khata No. 440;
Plot No. - 1379, 1380 Area - 71 Decimals.
4. Learned counsel for the petitioner submits that despite being owner of the land, though he lost before all the revenue authorities, in view of the fact that pursuant to the said purchase, he was fully in possession of the land, the respondents
3/4 herein moved before the competent Civil Court (Civil Court, Arwal, Bihar in Partition Suit No. 171 of 2012) which was taken up by the learned Civil Judge (Senior Division-1) and vide an order dated 30.07.2024, the suit filed by the respondents herein/father of the present respondents namely, Rameshwar Sao, Darshan Sao, Dhananjay Sao, Shatrughan Sao and Bharat Sao was dismissed (Annexure P/15 to the supplementary affidavit). He submits that now the order has come in his favour but still, the respondents are disturbing him.
5. Learned State Counsel submits that when the Civil Court has put its stamp on the claim of the petitioner, the writ petition has become infructuous.
6. This Court is in conformity with the submissions put forward by the learned State Counsel though the petitioner lost up to the Bihar Land Tribunal, the fact remains that after the respondents-plaintiff in the Partition Suit No. 171 of 2012, preferred the petition against the petitioner herein, it has been dismissed as incorporated above, in that background, so far as the present writ petition is concerned, the same has become infructuous.
7. The petitioner has all the liberty to take steps to act/pursue his case in line with the order dated 30.07.2024
4/4 passed by the concerned Court in his favour.
8. The writ petition stands disposed of.
(Rajiv Roy, J) Vijay Singh/- U