Patna High Court
Sri Ram Singh @ Shiri Ramsingh KushwahaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of, granting the heirs liberty to file a fresh petition and without quashing the challenged orders.
Summary
Sri Ram Singh filed a writ petition seeking to quash a Bihar Land Tribunal order dated 07-08-2018 and a District Magistrate order dated 17-06-2014, and to restore his position in the disputed land. During the hearing, it was disclosed that the sole heir of the petitioner had died and no further instructions were forthcoming. The State of Bihar raised no objection to allowing the heirs to file a fresh petition. The court, noting the petitioner's death and the lack of representation, granted liberty to the heirs to approach the court afresh. Consequently, the writ petition was disposed of without adjudicating the merits of the reliefs sought.
Issues considered
- Whether the Bihar Land Tribunal order dated 07-08-2018 can be quashed.
- Whether the District Magistrate order dated 17-06-2014 can be quashed.
- Whether the petitioner, having died, retains locus standi to pursue the writ relief.
- Whether the heirs may be permitted to file a fresh petition in place of the deceased petitioner.
Subjects
- land dispute
- Bihar Land Tribunal
- quash order
- writ petition
- succession
- heir
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24073 of 2018
======================================================
Sri Ram Singh @ Shiri Ramsingh Kushwaha son of Ram Dahin Singh,
Resident,of Village- Ekauna, Post Office-Manishi, Police Station- Mansahi,
District- Kathihar
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Collector, Kathihar.
3. The Sub- Divisional Officer, Manihart, District- Kauthar.
4. The District Land officer, Katihar.
5. The Circle officer AnchalAdhikari, Mansahi,Katihar.
6. Jitendra sah, son of Late Narayan sah, Resident of Village- Ekaure,P.O. P.S-
Mansuri,District- Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandeep Patil, Adv.
For the Respondent/s : Mr. Raj Kishore Roy- Gp18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-01-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) To quash the Bihar Land
Tribunal, Patna order dated 07.08.2018
passed in case no. B.L.T. Case No. 285 of
2017 passed by Administrative Member
B.L.T. Patna.
(ii) To quash and set aside the
District Magistrate (Collector), Katihar
order dated 17.06.2014 passed in Basgit
Parcha Revision Case No. 876 of 2005- 06
and accordingly allow to continue the
Patna High Court CWJC No.24073 of 2018(3) dt.06-01-2026
2/2
petitioner position in his land.
(iii) To grant any other relief or
reliefs for which the petitioner may be found
entitle to.
3. It has been informed by learned counsel for the
petitioner that the sole heir is no more and further instruction
has not come and as such, the heirs be granted liberty to file
fresh petition, if they so want.
4. The State has no objection to it.
5. Granting said liberty to the heirs of the sole
petitioner who is no more and in the aforesaid circumstance, the
writ petition is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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