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Patna High Court

Krishna GiriversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition abates on the death of the sole petitioner, but the heirs may institute fresh proceedings.

Summary

The petition was filed by Krishna Giri, son of the late Kapildev Giri, seeking various writs including certiorari to quash an order dated 20 January 2026 passed by the Additional District Magistrate in a mutation revision case. The petitioner also asked for a prohibitory writ restraining the authorities and private respondent from alienating the land, and for restoration of an earlier mutation in the name of his father. During the hearing, counsel informed the court that the sole petitioner had died, raising the question of the petition’s continuance. The court held that the death of the sole petitioner caused the writ petition to abate, but it granted liberty to the heirs to file a fresh petition. Consequently, the court disposed of the present writ petition without addressing the merits of the reliefs sought.

Issues considered

  • Whether the writ petition can continue after the death of the sole petitioner
  • Whether the order of the Additional District Magistrate can be quashed by certiorari
  • Whether a prohibitory writ can be issued to restrain alienation of land
  • Whether the earlier mutation can be restored

Subjects

  • writ jurisdiction
  • certiorari
  • mutation
  • land revenue
  • abated petition
  • death of petitioner
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3228 of 2026
                 ======================================================
                 Krishna Giri S/o Late Kapildev Giri, R/V Mahendvar P.O. Pahriya, P.S.
                 Bhagwanpur, District Kaimur.                           ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar through District Magistrate cum Collector, Kaimur at
                  Bhabua Govt. of Bihar.
           2.    The Additional Collector Kaimur cum Additional District Magistrate,
                 Kaimur at Bhabua.
           3.    The Deputy Commissioner Land and Revenue, Bhabua.
           4.    The Circle Officer, Bhagwanpur, Kaimur.
           5.     Kunj Bihari Giri, S/o Late Kapildev Giri, R/village-Mahendvar, P.O.-
                  Pahriya, P.S. Bhagwanpur, District Kaimur.
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :         Mr.Rakesh Kumar Mishra, Advocate
                 For the Respondent/s    :         Mr.Abbas Haider, SC-6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   28-04-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                             (i) for issuance of appropriate writ/ writs in the

                                             nature of certiorari for quashing the order

                                             dated 20.01.2026 passed by the Additional

                                             District Magistrate Kaimur vide MR-120/2025-

                                             26 in mutation revision case where in the

                                             learned revenue court has set aside the order of

                                             DCLR, Bhabua bearing MA no. 573/2024-25

                                             on the erroneous ground;

                                             (ii) for issuance of the writ prohibiting the

                                             authorities including the private respondent no-

                                             05 to restraint to any changes/alienation in the
         Patna High Court CWJC No.3228 of 2026(3) dt.28-04-2026
                                                     2/2




                                           nature of land in question pertaining to the

                                           effect of the order/orders; till the pendency of

                                           this writ application;

                                           (iii) for issuance of the further writ to restoring

                                           the earlier old jambandi (mutation) which was

                                           created in the name of the father namely Lt.

                                           Kapildev Giri of the present writ petitioner;

                                           (iv) for providing reliefs/ relives as it found

                                           suitable to the petitioner under the fact and

                                           circumstances of the case.

                                3. It has been informed by the learned counsel for the

                   petitioner that the sole petitioner is no more and as such the writ

                   petition stands abated.         However, be granted to the heirs to

                   challenge the order.

                                4. Granting said liberty to the heirs of the sole petitioner

                   who is no more, the writ petition is disposed of.


                                                 (Rajiv Roy, J)
Ravi/-

U


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