IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.567 of 2009 IN CIVIL WRIT JURISDICTION CASE No. 11627 of 2005 WITH INTERLOCUTORY APPLICATION No. 7630 of 2010 IN LETTERS PATENT APPEAL No.567 of 2009 ==================================================== Debu Das, Son of Late Bhogal Das, resident of Village-Bihat Navtolia Sudi Asthan, P.S. Barauni, District-Begusarai. …. …. Appellant/Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Begusarai. 3. The Superintendent of Police, Begusarai. 4. Ramhit Mahto, Son of Mangal Mahto, resident of Village-Bihat Navtolia Sudi Asthan, P.S. Barauni, District-Begusarai. 5. Sunil Singh, Son of Late Ganesh Singh. 6. (a) Chandeshwary Prasad Singh @ Chandeshwary Singh 6. (b) Naresh Singh. 6. (c) Ranjit Singh. All are sons of Late Ram Sagar Singh. 7. (a) Janardan Singh 7. (b) Upendra Singh 7. (c) Rajiv Kumar Singh 7. (d) Ranjit Kumar Singh All are sons of Late Ram Nath Singh Respondent no. 5 to 7(d) are resident of Village- Bishanpur Chand, Police Station Narauni, District-Begusarai. 8. The Circle Officer, Barauni. 9. Lakhan Mochi, Circle Inspector, Barauni. 10. Damodar Rai, Anchal Amin, Barauni. 11. Ramadhar Singh, Son of Late Parmeshwari Singh, Ex-Mukhiya, Bihar Gram Panchayat-4, Police Station-Barauni. All are of District of Begusarai. …. …. Respondents/Respondents ==================================================== Appearance : For the Appellant : Mr. Sada Nand Roy, Advocate For the Respondent: Mr. Lalit Kishore, AAG-3 For the Respondent No.4: Mr. Partha Sarthy, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) - 2 - 12. 24.9.2010. Feeling aggrieved by the order dated 23rd March 2009 made by the learned single Judge in C.W.J.C. No. 11627 of 2005 the writ petitioner has preferred this appeal under Clause 10 of the Letters Patent. The appellant is the decree-holder for recovery of possession of the suit land. He filed the aforesaid C.W.J.C. No. 11627 of 2005 under Article 226 of the Constitution to seek assistance of the State machinery for execution of the decree. Pending the writ petition the decree was executed, possession of the suit land was recovered and handed over to the appellant on 1st December 2005. In view of decree having been executed the learned single Judge by impugned order dated 3rd March 2009 disposed of the writ petition as ‘having become infructuous’. It is the grievance of the appellant that though the decree was executed on 1st December 2005 and the possession of the suit land was recovered and handed over to the appellant soon thereafter on 14th December 2005 the judgment-debtor dispossessed the appellant-decree-holder. Learned Advocate Mr. Sada Nand Roy has appeared for the appellant. He has submitted that in view of the later development, which was brought on the record of the writ petition by filing interlocutory applications the learned single Judge ought not have disposed of the writ petition as ‘having become infructuous’. The learned single Judge ought to have directed the respondent authorities to recover the - 3 - possession of the suit land and to hand it over to the appellant in execution of the decree. In view of the relief prayed for in the writ petition, we are of the opinion that the learned single Judge was right in noting that the writ petition had become infructuous. It may also be noted that the factum of forcible dispossession on 14th December 2005 was not immediately brought to the notice of the Court, it was not brought to the notice of the Court until application filed in the year 2007, nor were the reliefs amended. Be that as it may, if at all the appellant has been dispossessed after execution of the decree, he may avail of the remedy before the executing Court or any other remedy available under the law. The Letters Patent Appeal is not maintainable. Subject to the above observation the Appeal is disposed of. Interlocutory Application No. 7630 of 2010 stands disposed of. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)