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2025 Supreme(Online)(Pat) 4145

PATNA HIGH COURT
Rajiv Roy, J
Chinta Devi W/o Sudhir Poddar – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.12699 of 2000



Advocates:
For the Appellants/Petitioners: Mr. Pramod Mishra, Adv., Mr. Prabhat Ranjan Singh, Adv.
For the Respondents: Mr. Md.Faiz Ahmadcc, Adv., Mr. Dineshwawr Pd. Singh, Adv.

The writ petition was rendered infructuous due to a change in law regarding pre-emption rights.

Headnote:The judgment analyzes the Bihar Land Reforms (Fixation of Cealing Area and Acquisition of Surplus Land) Act 1961. The case involves a grievance against the legality of the pre-emption claim allowed in an earlier ruling, which was argued by the petitioners to be outdated due to a recent change in law. Ultimately, the court determined the matter as rendered infructuous as per the prevailing legal context. The key issue was whether the prior judgments held validity in light of the new legislation and the petitioner’s claim for land rights which was ruled upon by referencing statutory changes and court precedents.

Table of Content
1. summary of the legal grievances raised regarding land pre-emption. (Para 1 , 2)
2. discussion on changes in the law affecting the case. (Para 3)
3. conclusion drawn and ruling by the court. (Para 4)

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

9 09-12-2025 Heard Mr. Prabhat Ranjan Singh, learned counsel for the petitioner and the State.

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

(i) A certiorari to set aside the order dated 11.12.87 passed in ceiling case no. 3/87- 88 with its analoguous cases by respondent DCLR (Annexure-1 series) Under section 16 (3) of the Bihar Land Reforms (Fixation of Cealing Area and Acquisition of surplus land) Act 1961, where by and where under the claim of pre-emption of respondent No.5 has illegally been allowed.

ii. A certiorari to set aside the order dated 30.10.2000 passed by the respondent Additional Member Board of Revenue in Revision Case No.206/99 and its analogus cases (Anx-3) by which the order dated 30.10.99 passed by the respondent Additional Collector in L.C. Appeal Gase in favour of the Petitioners has been illegally set aside.

iii. An order to affirm the order dated 30.10.99 passed in L.C. Appeal Case No.74/87-88/17/96-97 with its analogous cases (Anx. 2) by which the order dated 11.12.87 passed in aforesaid land Cealing Case No. 3/87-88 and its analógous cases has been set aside after considering all the facts and points of law.

iv. Any other writ or writs for granting any other relief and reliefs for which the petitioners are found entitled to in the facts and circumstances of the case.

3. The submission is that with the change in law relating to pre-emption, the case stands abated.

4. Accordingly, the writ petition is disposed of as infructuous.

(Rajiv Roy, J)

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