Patna High Court
Brahmdeo MahtoversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed of because the petitioner is deceased and no heirs are before the court to pursue the relief.
Summary
The petitioner, Brahmdeo Mahto, claimed that a 2010 order by the Principal Secretary, Revenue Reforms and Land Department illegally settled two acres of his land with the Managing Committee of Takhat Sri Hari Mandir Sahib, despite government records showing only 11 decimal of such land in the specified plot. During the hearing, counsel for the petitioner informed the court that the sole petitioner had died and no heirs were present to pursue the matter. The State counsel raised no objection to this fact. The court held that, in the absence of a living petitioner or any heirs before it, the writ petition could not proceed. Consequently, the court disposed of the petition, leaving the door open for any heirs to file a fresh suit if they wish. The order thus effectively dismissed the petition on procedural grounds.
Issues considered
- What is the appropriate course of action when a writ petition is filed by a deceased petitioner with no heirs present before the court?
Subjects
- land settlement
- writ petition
- illegal settlement
- deceased petitioner
- heirs
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3638 of 2015
======================================================
Brahmdeo Mahto Son of Late Chulahai Mahto Resident of Village - Maeel,
P.O. - Bhairopur Dyodhi, P.S. - Bindupur, District - Vaishali.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Principal Secretary, Land Reforms Department, Govt. of Bihar, Patna -
3.
3. The Commissioner, Patna Division, Patna.
4. The Commissioner, Tirhut Division, Muzaffarpur.
5. The District Magistrate, Vaishali at Hajipur.
6. The District Magistrate, Patna.
7. The Managing Committee of Takhat Sri Hari Mandir Sahib through its
Secretary Sri Hari Mandir Sahib,
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Respondent/s : Mr. Anil Kumar, GP-23
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“against the order dated 25.01.2010
passed by Principal Secretary, Revenue Reforms
and Land Department, by which two acres of land
belonging to the petitioner has been settled with
the respondent 2nd set the Managing Committee of
Takhat Sri Hari Mandir Sahib showing the land as
Gar Majarua Aam Sota in plot no. 892, although
Patna High Court CWJC No.3638 of 2015(3) dt.20-01-2026
2/2
as record itself the government has got only 11
decimal of Gar Majarua Aam land in plot no. 892,
mauza Sukurmarpur and as such land of the
petitioner has been settled with respondent 2nd set
in most illegal, wrongful and arbitrary manner.”
3. It has been informed by Mr. Anuj Kumar, learned
counsel for the petitioner, in the presence of learned State
counsel that the sole petitioner died long back and he do not
have any contact with the heirs. As such, heirs be granted to
agitate the matter afresh is they so want.
4. Learned State counsel has no objection.
5. In view of the fact that the sole petitioner is no
more, granting liberty to the heirs to move afresh, if they so
want, the writ petition stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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