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Patna High Court

Laxmi Devi and OrsversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

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The writ petition was dismissed as withdrawn.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 Consequently, the writ petition was dismissed as withdrawn.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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