Writ Petitions Dismissed as Infructuous Following Compliance with Impugned Order and Restoration of Possession

The petitioner, Rikhiram, filed two writ petitions challenging an order dated 22.12.2021 passed by the C.G. Board of Revenue regarding land possession of Khasra Nos. 747/2 (0.17 hectare) and 747/1 (0.16 hectare) in Village Bodal, District Balod

While the petitions were pending, Respondent No. 7 (Rohit Kumar) passed away

It was reported to the court that the impugned order of the Board of Revenue had already been executed, and possession of the subject land had been restored to Respondent No. 7

Counsel for the petitioner stated they had no further instructions from their client regarding these developments

1. Whether the writ petitions survived for adjudication after the impugned order of the Board of Revenue was fully complied with and possession was restored to the respondent.

The Court applied the doctrine of "infructuousness" in writ jurisdiction.

Under Article 226 of the Constitution of India, a court may decline to exercise its discretionary power to issue a writ of Mandamus or Certiorari if the relief sought has already been rendered moot by the passage of time or the intervening execution of the challenged orders, leaving no live controversy to be decided

The Court observed that the primary grievance of the petitioner—the challenge to the Board of Revenue's order dated 22.12.2021—had effectively been bypassed by the execution of said order.

Specifically, the respondent’s counsel submitted that possession of the disputed land had already been transferred back to Respondent No. 7 in accordance with the impugned order

The petitioner's counsel was unable to provide any arguments to the contrary due to a lack of instructions

Consequently, the Court determined that since the act the petitioner sought to prevent or reverse had already occurred, the petitions no longer presented a justiciable issue

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