Patna High Court
Krishna GiriversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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