Patna High Court
Laxmi Devi and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The writ petition was dismissed as withdrawn.
Summary
The petitioners, three women claiming rights over a disputed land, filed a writ petition seeking to quash an order dated 24 November 2014 of the Bihar Land Tribunal that directed the mutation of the land in the names of two respondents. The petition also sought any other reliefs they might be entitled to. During the hearing, counsel for the petitioners informed the court that a first appeal (No. 120 of 2023) concerning the same matter was already pending before a competent bench, rendering the writ petition redundant. The court granted permission to withdraw the petition. Consequently, the writ petition was dismissed as withdrawn.
Issues considered
- Whether the writ petition should be entertained when a regular appeal on the same matter is pending
- Whether the order of the Bihar Land Tribunal directing mutation can be quashed by a writ
Subjects
- land mutation
- writ petition
- withdrawal
- Bihar Land Tribunal
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11129 of 2015
======================================================
1. Laxmi Devi
2. Janki Devi Both wife of Devendra Kumar Singh and daughter of Late
Harendra Pratap Singh
3. Parwati Devi wife of Birendra Bahadur Singh and daughter of Late
Harendra Pratap Singh All residents of Village - Matar, P.S. - Bhagwanpur,
District - Kaimur, Bhabhua.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. Collector, Kaimur at Bhabhua.
3. Deputy Collector, Land Reforms, Kaimur at Bhabhua.
4. Circle Officer, Bhagwanpur, Kaimur at Bhabhua.
5. Shashi Singh daughter of Late Durga Prasad Singh resident of Village -
Matar, P.S. - Bhagwanpur, District - Kaimur at Bhabhua.
6. Ram Pravesh Singh
7. Ram Prasad Singh Both sons of Late Shankar Dayal Singh resident of
village - Umapur, P.O. - Saraiyan, P.S. - Bhagwanpur, District - Kaimur at
Bhabhua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
For the Respondent/s : Mr. SC-32- R.K.Priyadarshi
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 06-01-2026 Heard the parties.
2. The present writ petition has been preferred for the
following relief(s):-
“(i) For quashing the order dated
24.11.2014 passed by the Bihar Land Tribunal,
Patna in B.L.T. Case No. 973 of 2013 whereby
while setting aside the revisional order of Mutation
Patna High Court CWJC No.11129 of 2015(6) dt.06-01-2026
2/2
Revision No.2/13-14 dated 01.10.2013 and
affirming the appellate order of Mutation Appeal
No.20/12-13 dated 14.03.2013, directed the Circle
Officer Bhagwanpur, Kaimur to mutate the
disputed land in the names of Respondent nos 5
and 6 without any delay.
Further;
(ii) For any other relief or reliefs for
which the petitioners may be found entitled to.”
3. It has been informed by the learned counsel for the
petitioner that the First Appeal No. 120 of 2023 relating to the
same matter already is pending before an appropriate Bench and
in that background, the present writ petition has become
infructuous. He, as such, prays for withdrawal of the petition.
4. Permission accorded.
5. Accordingly, the writ petition stands dismissed as
withdrawn.
(Rajiv Roy, J)
Adnan/-
U
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