Writ Petition Challenging Possession Order Dismissed As Infructuous Following Execution and Death of Private Respondent

The petitioner, Rikhiram, filed two writ petitions challenging orders dated 22.12.2021 passed by the Board of Revenue

The dispute concerned the legal possession of land identified as Khasra No. 747/2 (0.17 hectare) and Khasra No. 747/1 (0.16 hectare) in Village Bodal, District Balod

During the pendency of the proceedings, it was reported that Respondent No. 7 (Rohit Kumar) had died, and the impugned orders of the Board of Revenue had already been executed, resulting in the restoration of possession to the respondent

1. Whether the writ petitions maintainable or have rendered infructuous due to the execution of the impugned orders and the subsequent restoration of possession

The Court applied the doctrine of "infructuous litigation," a procedural principle where a court declines to adjudicate a matter because the relief sought has either been realized, rendered impossible, or the substratum of the dispute has ceased to exist

The court also acknowledged the principle of "liberty to revive," allowing a petitioner to approach the court again if a valid legal grievance remains despite the technical dismissal of the current petition

The Court observed that the primary objective of the litigation—the challenge to the Board of Revenue's order regarding possession—had been superseded by factual developments. Specifically, the respondent’s counsel submitted that the Board’s order was already complied with and possession was restored to Respondent No. 7

the petitioner's counsel stated he had no further instructions from his client to contest these factual assertions

Consequently, the Court reasoned that no live controversy remained for adjudication, as the subject matter of the dispute (the possession) had already been settled in favor of the respondent per the lower authority's orders

the Court granted the petitioner liberty to file an appropriate petition or application in accordance with the law should any legitimate grievance still subsist