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Patna High Court

Bhagwan Prasad SinghversusThe State Of Bihar and Ors

Decided
Disposal
ABATED

Holding

The writ petition is abated because the sole petitioner is deceased and no substitution petition has been filed.

Summary

Petitioner Bhagwan Prasad Singh filed a writ petition seeking protection of his life, liberty and Raiyati land, and the quashing of an order dated 30‑April‑2017 that allotted a Parcha under the Bihar Privileged Persons Homestead Tenancy Act, 1947 to private respondents. The petition also requested various writs, including certiorari and mandamus, to restrain the respondents from interfering with his land. During the hearing, counsel for respondents 10‑13 informed the court that the petitioner had died and no substitution petition had been filed. The court held that, in the absence of a living petitioner or a duly filed substitution, the heirs must approach the appropriate administrative authorities and the court cannot issue directions. Consequently, the writ petition was held to be abated.

Issues considered

  • Whether the court can issue writs directing protection of the petitioner's life, liberty and Raiyati land.
  • Whether the order dated 30‑April‑2017 granting a Parcha under the Bihar Privileged Persons Homestead Tenancy Act, 1947 to the respondents can be quashed.
  • Whether the writ petition can continue after the death of the sole petitioner without a substitution petition.

Legislation cited

Subjects

  • writ petition
  • life and liberty
  • Raiyati land
  • quashing order
  • death of petitioner
  • abated petition
  • Bihar Privileged Persons Homestead Tenancy Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No. 3038 of 2018
                 ======================================================
                 Bhagwan Prasad Singh Son of Late Krishndeo Singh, Resident of Village and
                 P.O.- Gaighat, Police Station- Brhampur Block- Brhampur, District- Buxar.

                                                                               ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar
           2.    The Principal Secretary, Land and Reforms Department, Government of
                 Bihar, Patna.
           3.    The Secretary, Revenue Department, Government of Bihar, Patna.
           4.    The District Collector, Buxar.
           5.    The Sub Divisional Officer, Dumraon, Distt- Buxar.
           6.    The Anchal Adhikari, Anchal Brahmpur, Dist- Buxar.
           7.    The Circle Inspector, Brahampur, Dist- Buxar.
           8.    The Halka Karmchari, Anchal, Brhampur, Dist- Buxar.
           9.    The Government Amin, Anchal- Brhmapur, Dist- Buxar.
           10. Hare Ram Gode, Son of Late Jhalku Gode,
           11. Satya Narain Gode, Son of Late Jhalku Gode,
           12. Parsuram Gode, Son of Late Nagina Gode &
           13. Mukhram Gode, Son of Late Nagina Gode, Sl. Nos. 10 to 13 is a resident of
               Village and Post Office- Gaighat, Police Station and Block- Brahampur,
               District- Buxar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nil Kamal, Advocate
                 For the Respondent/s     :        Mr.Sajid Salim Khan, SC-25
                 For respondent nos. 10 to 13      Mr. D.P.Tiwary, Advocate
                                                   Mr. Braj Bhushan Mishra, Advocate
                                                   Mr. Saurav Kumar Suman, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   03-02-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                           (i) for that issue an appropriate writ of writs,

                                           order        or      orders,       direction       or
Patna High Court CWJC No. 3038 of 2018(3) dt.03-02-2026
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                                  directions,commanding to the respondents to

                                  protect the life and liberty and given

                                  protection of his little Raiyati land;

                                  (ii) for that issue a writ in the nature of

                                  certiorari,       commanding       the        to     the

                                  respondents and quash /setting a side the

                                  experty order dated 30.4.2017 passed in

                                  Case No.03/2017-18, passed by Anchal

                                  Adhikari,         Brahampur,       District-Buxar

                                  (respondent no.6 contained as Annexure-l to

                                  this petition);

                                  (iii) for that issue any appropriate writ and

                                  quash the impugned order dated 30.4.2017

                                  passed in Case No. 03/2017-18 by the

                                  Anchal Adhikari Brahampur, District-Buxar,

                                  by which the raiyati land of petitioner of

                                  Mauja-Gaighat, Thana No.214, Anchal-

                                  Brahmpur          District-Buxar         of        khata

                                  no.587,plot no.912 total Araji-33 decimal

                                  land and 29 decimal Land out of total Araji

                                  33 decimal Land of petitioner given or issue

                                  a Parcha under Bihar Privileged Persons
Patna High Court CWJC No. 3038 of 2018(3) dt.03-02-2026
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                                  Homestead tenancy Act, 1947 in favour of

                                  private respondents no.10 to 13 and each get

                                  71/4 dec.land contained as Annexure-l to

                                  this petition;

                                  (iv) for that issue any appropriate writ, or

                                  writs           in        the      nature         of

                                  mandamus,commanding to the respondents

                                  to not interfere with the raiyats land of

                                  petitioner,      and      Mauja-Gaighat,     Block-

                                  Brahampur, District-Buxar, Thans no.214,

                                  Khata no.587, Plot No.912, Araji-33 decimal

                                  and other land of petitioner;

                                  (v) for that restrain to the respondents to not

                                  interfere into peaceful physical possession

                                  over the lend of petitioner of Mauje Gaighat,

                                  Black-it shampur, thane no.214, khata

                                  no.557, Plot No.912 total Araji 33 decimal;

                                  (vi) for that stay the proceeding or operation

                                  of order dated 30.4.2017 passed in Case No.

                                  03/2017-18           by   the   Anchal     Adhikari,

                                  Brahampur (Respondent no.6) contained in

                                  Annexure-01 to this petition, till the disposal
         Patna High Court CWJC No. 3038 of 2018(3) dt.03-02-2026
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                                           of this wit application;

                                           (vii) for that direct to the respondent to

                                           dispose of the applications/representations

                                           of the petitioner contained as Annexure-5

                                           series to this petition;

                                           (viii) for that according to any relief or

                                           reliefs which may deem fit and proper.

                                3. It has been informed by learned counsel for the

                   respondent nos. 10 to 13 namely Brij Bhushan Mishra that the

                   petitioner already is dead and no substitution petition has been

                   filed.

                                4. This Court is of the view that the heirs have to

                   approach the appropriate authority/police officials for the

                   redressal of such grievance. No direction can be issued in this

                   regard.

                                5. However, since the sole petitioner is no more, the

                   writ petition is abated.



                                                  (Rajiv Roy, J)
Ravi/-

U


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