Created by Fuzzy Cloud

Patna High Court

Baliram SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition is abated due to the death of the sole petitioner, with liberty granted to the heirs to file a fresh petition.

Summary

Baliram Singh filed a writ petition seeking enhanced compensation and assessment of land value for land acquired under the Land Acquisition Act, and to quash an acquisition order dated 19-02-2016. During proceedings, it was revealed that the sole petitioner had died and his heirs could not be located. The respondents did not object to any relief. The court held that, because the petitioner was the sole plaintiff and is now deceased, the petition stands abated. Consequently, the court disposed of the writ petition, granting the heirs liberty to file a fresh petition if they wish.

Issues considered

  • Can a writ petition continue when the sole petitioner has died?
  • May the heirs of a deceased petitioner be permitted to file a fresh petition for the same relief?

Legislation cited

Subjects

  • land acquisition
  • compensation
  • writ petition
  • abated petition
  • death of petitioner
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1214 of 2017
                 ======================================================
                 Baliram Singh son of late Baidyanath Singh resident of village Lurpurawan,
                 Police Station Mohania and District Kaimur.

                                                                              ... ... Petitioner/s
                                                      Versus
           1.    The State Of Bihar
           2.    The Divisional Commissioner cum Arbitrator, Patna Division, Patna.
           3.    The District Land Acquisition Officer, Kaimur Bhabua.
           4.    The Union of India through the E.C. Railway, Hajipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr.Shyam Narayan Pandey, Advocate
                 For the Respondent/s   :         Mrs.Nutan Sahay, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   10-02-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of a direction to the

                                            respondent authority for pay enhanced

                                            compensation amount to the petitioner for

                                            acquire his land under the Land Acquisition

                                            Act   after   quashing      the   order      dated

                                            19.02.2016(Annexure-6);

                                            (ii) for issuance of a direction to the

                                            respondent authority for making assessment

                                            value of the land of the petitioner which has
         Patna High Court CWJC No.1214 of 2017(4) dt.10-02-2026
                                                      2/2




                                           been acquired;

                                           (iii) for any other relief or reliefs which may

                                           be deemed fit and proper in the interest of

                                           justice.

                                3. It has been informed by the learned counsel for the

                   petitioner that the sole petitioner is no more and he failed to get

                   hold of the heirs. As such, the prayer is that liberty be granted to

                   the heirs to approach afresh, if he/she/they so want.

                                4. The respondents have no objection.

                                5. In that background, the writ petition is disposed of

                   as abated in view of the fact that the sole petitioner is no more,

                   granting liberty to the heirs to approach afresh, if he/she/they so

                   want.



                                                 (Rajiv Roy, J)
Ravi/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.