Patna High Court
Mostt. Vasamati DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that, due to the death of the original petitioner, the heirs may approach the Court afresh, and the present writ petition is disposed.
Summary
Vasamati Devi, wife of a veteran freedom fighter, was allotted a 0.06 acre plot of land (Khesra No.924, Khata No.297) under Land Case No.07/2015-16 and sought a writ of mandamus directing the authorities to deliver possession. The petition was filed against the State of Bihar and several revenue and police officials. The petitioner died in 2019, and the petitioners (her heirs) requested permission to approach the court afresh on the same claim. The State counsel raised no objection to this request. The Court, noting the death of the original petitioner, granted the liberty to the heirs to file a fresh petition and consequently disposed of the present writ petition.
Issues considered
- Whether a writ of mandamus can be issued to compel possession of land allotted to a deceased petitioner.
- Whether the heirs of a deceased petitioner may file a fresh petition for the same relief.
Subjects
- writ of mandamus
- land possession
- freedom fighter
- heir
- petition disposal
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16815 of 2017
======================================================
Mostt. Vasamati Devi wife of Late Gopi Chandra Jaiswal resident of At
Hanuman Fatak Buxar, Buxar, Police Station - Buxar, District - Buxar.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The Collector, Buxar.
4. The Sub Divisional Officer, Buxar Sadar, District Buxar.
5. The Anchal Adhikari, Buxar, District - Buxar.
6. The Block Development Officer, Buxar, District - Buxar.
7. The Sub Divisional Police Officer, Buxar Sadar, District - Buxar.
8. The Officer Incharge, Police Station - Buxar, District - Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar, Adv.
Mr. Pranav Kumar, Adv.
Mr. Rishabh Kumar Maurya, Adv.
For the Respondent/s : Mr. Nutan Sahay, AC to AAG12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 27-02-2026 Heard the parties.
2. The present application has been preferred:
for issuance of writ of mandamus
directing the respondents to deliver/hand
over the Possession of the land pertaining to
Khesra No.924, Khata No.297, Thana
No.330, Mauza-Jaso, measuring area-0.06
Acre which was allotted and settled in favour
of petitioner vide Land Case no.07/2015-16
because the husband of the petitioner was a
Veteran Freedom Fighter and in his honour
Patna High Court CWJC No.16815 of 2017(4) dt.27-02-2026
2/2
the land in question was allotted and settled
to the petitioner and to that effect purcha has
also been issued in favour of petitioner and
petitioner further prays for issuance of any
other writ/writs, order/ orders,
direction/directions which the Hon'ble Court
may deem fit and proper.
3. Learned counsel for the petitioner submits that the
sole petitioner died in the year 2019 and in that background, the
heirs be allowed to approach afresh if he/she/they so want.
4. Learned State Counsel has no objection.
5. In that background, granting said liberty, the writ
petitioner is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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