Patna High Court
Bhagwan Prasad SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- ABATED
- Bench
- RAJIV ROY
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
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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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