Disposed¶40

Birendra Kumar and Ors. v. The State Of Bihar and Ors.

Patna HC13 Jan 2026CWJC/11757/2014

Case brief

AI extract

What is this about?

CWJC 11757/2014, Patna High Court, Rajiv Roy J, 13-01-2026; writ petition disposed of as infructuous owing to change of law relating to pre-emption; Bihar Land Tribunal BLT Case 81/2013 order 24/03/2014; DCLR Nawada pre-emption case 18/2006-07 dismissed 10-10-2007/24-10-2007; Collector Nawada Ceiling Appeal 26(R)/2008 order 30/06/2009 quashing DCLR order; Commissioner Gaya Ceiling Revision 22/2009 order 21/06/2012; return of deposited amount; no statutory provision or precedent engaged.

What did the court decide?

No substantive relief; the writ petition was disposed of as infructuous following counsel's submission about the change of law relating to pre-emption, with the direction that any amount deposited be returned. ¶40

Birendra Kumar and Ors. Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11757 of 2014

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Birendra Kumar Son of Late Sidho Singh @ Sidheshwar Singh

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Subodh Kumar Son of Late Sidho Singh @ Sidheshwar Singh

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Sanjeet Kumar Son of Late Sidho Singh @ Sidheshwar Singh

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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.

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

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

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... ... Petitioner/s

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Versus

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The State Of Bihar.

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The Commissioner, Gaya, District- Gaya.

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The Collector, Nawada, Distt- Nawada.

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

Jitendra Singh S/o Late Sidheshwar Singh

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Dipendra Singh Son of Late Sidheshwar Singh

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Surendra Singh Son of Late Sidheshwar Singh

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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.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Niraj Kumar, Advocate For the Respondent/s : Mrs. GP28- Geeta Kumari ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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4 13-01-2026 Heard the parties.

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The present petition has been preferred for the

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following relief(s):

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“i. To set aside the order dt. 24/03/2014

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passed by the learned Chairman, The Bihar land

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Patna High Court CWJC No.11757 of 2014(4) dt.13-01-2026 2/3

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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.

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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.

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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

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Patna High Court CWJC No.11757 of 2014(4) dt.13-01-2026 3/3

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three weeks in compliance of the aforesaid order.

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iv. To upheld the order dt 21/06/2012

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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.

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v. To direct the respondents concerned to ensure the transfer of land be made in favour of the petitioners.”

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