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Patna High Court

Md. Nabi JanversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as abated due to the death of the sole petitioner, with liberty granted to the heirs to file a fresh petition.

Summary

Petitioner Md. Nabi Jan filed a writ petition seeking quashing of a 2010 order that directed him to remove encroachment on land and cancelled his Jamabandi, as well as a 2016 order by the Bihar Land Tribunal that remanded the case for fresh hearing. The petition also requested a certiorari writ. During proceedings, it was disclosed that the sole petitioner had died. The State counsel raised no objection to any relief. The Court held that the petition could not continue as the petitioner was deceased and therefore dismissed it as abated, while allowing the heirs to file a fresh petition if they wish.

Issues considered

  • Whether a writ petition can continue when the sole petitioner has died
  • Whether the petition should be dismissed as abated or allowed to proceed on behalf of the heirs

Subjects

  • land dispute
  • writ petition
  • certiorari
  • abated petition
  • death of petitioner
  • Bihar Land Tribunal
  • Jamabandi
  • encroachment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2496 of 2017
                 ======================================================
                 Md. Nabi Jan S/o Abdul Rahman Resident of Mohalla- Meena Bazar
                 Panchayat Tapta, P.S.- Rahika , District- Madhubani.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar through the Principal Secretary, Department of Land and
                 Revenue Reforms, Bihar, Patna
           2.    The Bihar Land Tribunal Patna through its Administrative Member.
           3.    The Divisional Commissioner, Darbhanga Division, Darbhanga.
           4.    The Collector, Madhubani.
           5.    The Deputy Collector, Land Reforms Sadar, Madhubani.
           6.    Md. Kasim S/o late Manir resident of Village- Tharhesari, P.O.- Jagatpur,
                 P.S. Rahika, District- Madhubani.
           7.    Most. Dukhani Devi W/o late Sikandar Ram Resident of Mohalla- Gadiyani,
                 Chamartoli, Ward No. 11, P.O. P.S. Madhubani Town, District- Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ratanakar Jha, Advocate
                                          :       Ms. Prerna, Advocate
                 For the State            :       Mr. Sajid Salim Khan, SC-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   10-02-2026                      Heard Mr. Ratnakar Jha, learned counsel for the

                   petitioner duly assisted by Ms. Prerna and learned counsel

                   representing the State.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) to issue an appropriate order/s,

                                        direction/s including a writ preferably in the

                                        nature of CERTIORARI for quashing the order

                                        dated 21.08.2010 passed in Land Dispute Case
Patna High Court CWJC No.2496 of 2017(4) dt.10-02-2026
                                            2/3




                             No. 01/2010-11 filed by the private Respondent

                             No.5 before the competent authority under the

                             Bihar Land Dispute Resolution Act i.e. D.C.L.R.

                             Sadar Madhubani whereby and where under

                             aforesaid case was allowed in favour of the

                             Private respondents No. 6 and the petitioner was

                             directed to remove encroachment from the land

                             measuring 7 Katha 4 dhur appertaining to Khata

                             No. 508, Khesra No. 5907 situated in mauza

                             Jagatpur within Rahika in the district of

                             Madhubani and thereby dispossesses the said

                             private Respondent No.6 from the aforesaid land

                             and also canceled the Jamabandi No. 773/774

                             running the name of the petitioner.

                                         (ii)     to     quash   the   order   dated

                             29.11.2016 passed in B.L.T. Case No. 606 of

                             2014 passed by learned Administrative Member

                             Bihar Land Tribunal Patna whereby and where

                             under he has remanded back the aforesaid case

                             to the Divisional Commissioner, Darbhanga

                             Division, Darbhanga for hearing a fresh wherein

                             both the petitioner and private respondent No. 6
            Patna High Court CWJC No.2496 of 2017(4) dt.10-02-2026
                                                        3/3




                                         and 7 are parties.

                                                      (iii) to any other relief/s to which the

                                         petitioner     is    entitled   in   the   facts   and

                                         circumstances of the case.”


                                  3. It has been informed by learned counsel for the

                      petitioner that the sole petitioner is no more and as such, liberty

                      be grated to the heirs to move afresh if he/she/they so want.

                                  4. Learned State counsel has no objection.

                                  5. In that background, the writ petition is disposed of

                      as abated in view of the fact that the sole petitioner is no more,

                      granting liberty to the heirs to approach afresh, if he/she/they so

                      want.



                                                    (Rajiv Roy, J)
vinayak/-

U


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