Patna High Court
Krishna DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The petition is dismissed for want of prosecution.
Summary
Krishna Devi filed a writ petition in the Patna High Court seeking to set aside a 27 October 2011 order of the Land Reform Deputy Collector that declared respondent Bigan Devi entitled to a half‑share in a property, alleging that she was not given a proper hearing and that the order ignored a registered deed of gift in her favour, thereby violating Section 5 of the Land Dispute Resolution Act. She also challenged a later order dated 30 August 2014 which upheld the earlier decision. No counsel appeared on behalf of the petitioner, while the State and respondent No. 6 were represented. The Court noted that the petitioner had taken a No‑Objection Certificate from the respondent but, for want of prosecution, dismissed the writ petition. The dismissal left the earlier orders undisturbed.
Issues considered
- Whether the order of the Land Reform Deputy Collector can be set aside for lack of hearing and violation of Section 5 of the Land Dispute Resolution Act
- Whether the subsequent appellate order upholding the original decision should be vacated
Subjects
- land dispute
- partition
- deed of gift
- procedural fairness
- writ petition
- dismissal for want of prosecution
- Land Reform
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1807 of 2015
======================================================
Krishna Devi W/O Sri Bimal Prasad Resident of vill-Dehri More,P.O-
Padrawan.P.S-Jamhore and Distt.-Aurangabad
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Commisioner,Magadh Division,Gaya
3. The District Magistrate,Aurangabad
4. The Additional Collector,Aurangabad
5. The Land Reforms Deputy Collector,Aurangabad
6. Bigan Devi W/O Sri Bharat Singh Resident of vill-Dehri More,P.O-
Padrawan.P.S-Jamhore and Distt.-Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Sudama Kumar, AC to SC-12
Mr. Bhanu Pratap Singh, Advocate
Mr. Rakesh Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-01-2026 No one appears on behalf of the petitioner though
learned counsel for the State as also respondent no. 6 are
present.
2. The present petition has been preferred for the
following relief(s):
“for setting aside the order dated
27.10.2011 passed in Land Dispute (partition) case
no. 21 of 2011 by the Learned Land Reform Deputy
Collector, Aurangabad whereby and where under
the Respondent no. 6 has been declared entitled for
Patna High Court CWJC No.1807 of 2015(3) dt.20-01-2026
2/2
half share of the property in question without
affording proper opportunity of hearing the
petitioner and ignoring the registered deed of gift
properly executed in favour of the petitioner
violating sec. 5 of the Land Dispute Resolution Act
as well as for setting aside the order dated
30.8.2014 passed in Land Dispute Resolution
Appeal no. 27 of 2012 upholding the order of the
Learned D.C.L.R.”
3. It has been informed by Mr. Anirudh Kumar Verma
who had filed the petition that the petitioner has taken NOC
from him.
4. For want of prosecution, the writ petition stands
dismissed.
(Rajiv Roy, J)
Adnan/-
U
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