Patna High Court
Baliram SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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