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Patna High Court

Mostt. Vasamati DeviversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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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