Patna High Court
Mani BhushanversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of, with liberty granted to the heirs to file a fresh petition.
Summary
The petitioner sought a writ of mandamus directing the authorities to delete the names of certain respondents from land records (R.S. Plot No. 2240 and 2241) in accordance with a 1998 order of the Deputy Director Consolidation. The sole petitioner had died, and counsel for the petitioner requested that the heirs be allowed to file a fresh petition if they wish. The State and other respondents raised no objection to this request. The Court considered the procedural rule that a deceased petitioner cannot continue a writ petition and that the heirs may initiate fresh proceedings. Accordingly, the Court granted liberty to the heirs to file a fresh petition and disposed of the present writ petition.
Issues considered
- Whether a writ of mandamus can be issued to direct deletion of names from land records under the 1998 order.
- Whether the death of the sole petitioner bars continuation of the writ petition and if the heirs may be permitted to file a fresh petition.
Subjects
- mandamus
- land records
- revision of khatian
- heir
- deceased petitioner
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14047 of 2016
======================================================
Mani Bhushan S/O Late Anil Kumar Singh, resident of village- Sain Barouna,
P.S.- Paterhi Belsar, District- Vaishali at Hajipur.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The District Magistrate, Vaishali at Hajipur.
3. The Assistant Land Settlement Officer, Vaishali at Hajipur.
4. The Deputy Director Consolidation, Vaishali at Hajipur. null null
5. The Land Reforms Deputy Collector, Hajipur. null null
6. The Circle Officer, Paterhi Belsar, District- Vaishali at Hajipur.
7. Kamna Singh W/O Late Harinath Singh,
8. Anupam Sidharth S/O Late Harinath Singh,
9. Pratik Kumar Singh S/O Late Satish Kumar Singh,
10. Ravi Kant Singh S/O Late Ram Kumar Singh,
11. Saurabh Kant Singh S/O Late Ram Kumar Singh,
12. Krishna Singh W/O Late Mrityunjay Kumar Singh,
13. Neeraj Kumar Singh S/O Late Mrityunjay Kumar Singh,
14. Pankaj Kumar Singh S/O Late Mrityunjay Kumar Singh, All at Sl. nos. 7 to
14 are residents of village- Sain Barouna, P.S.- Paterhi Belsar, District-
Vaishali at Hajipur.
15. Lalita Devi W/O Late Chandra Bhushan,
16. Keshav Kumar S/O Late Chandra Bhushan,
17. Bibhuti Bhushan S/O Late Anil Kumar Singh, All at Sl. Nos. 15 to 17 are
residents of village- Sain Barouna, P.S.- Paterhi Belsar, District- Vaishali at
Hajipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suneil Kumar Thakur, Advocate
For the Respondent/s : Mr. Birendra Prasad Singh, AC to SC-19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
Patna High Court CWJC No.14047 of 2016(2) dt.19-01-2026
2/3
“for issuance of a writ in the nature of
mandamus commanding and directing the
respondent authorities to delete the names of the
respondents 2nd Set/their predecessors from the
R.S. Plot No. 2240 and 2241 pertaining to Khata
No.12 under Thana No. 190, measuring an area of
20 decimal and 11 decimals respectively under
Mouja- Sain Barouna, P.S.-Paterhi Belsar, District-
Vaishali at Hajipur, making a correction in the
concerned continuous revisional Khatian for
Mouza- Sain Barouna in strict compliance of the
order dated 29.01.1998 passed in Case No.
1491/97 by the court of learned Deputy Director,
Consolidation, Vaishali at Hajipur and/or grant
such other relief/reliefs, as your Lordships may
deem fit and proper, in the facts and circumstances
of the case.”
3. Learned counsel for the petitioner submits that the
sole petitioner is no more and as such, heirs be granted liberty to
file the case afresh if he/she/they so want.
4. Learned State counsel as also the learned counsel
representing the respondent no. 14 have no objection.
Patna High Court CWJC No.14047 of 2016(2) dt.19-01-2026
3/3
5. In that background, granting liberty to the heirs to
file fresh petition if he/she/they so want taking into account that
the sole petitioner is no more, the writ petition stands disposed
of.
(Rajiv Roy, J)
Adnan/-
U
Checking your session…