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Patna High Court

Maheshwar Singh @ Maheshwar Prasad SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court disposed of the writ petition, granting the heirs liberty to file a fresh petition if they wish.

Summary

Maheshwar Singh filed a writ petition seeking a certiorari to quash a 2010 order of the Joint Director, Consolidation, Muzaffarpur, which had set aside a 1991 order concerning land survey rights, and also sought a mandamus to prevent interference with the map and khatiyan of the revision survey. The petition was filed after the original petitioner had died, and the court noted that the heirs had not filed a Vakalatnama as previously directed. The petitioner’s counsel requested that the heirs be allowed to approach the court afresh. The High Court granted this liberty and disposed of the writ petition without deciding on the substantive land rights issues.

Issues considered

  • Whether the 2010 order of the Joint Director, Consolidation, Muzaffarpur can be quashed by a writ of certiorari.
  • Whether a writ of mandamus can be issued to restrain interference with the map and khatiyan of the revision survey.
  • Whether the heirs of a deceased petitioner may be permitted to file a fresh writ petition.

Subjects

  • certiorari
  • mandamus
  • land survey
  • revision survey
  • heirs
  • procedural liberty
  • high court writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4742 of 2014
                 ======================================================
                 Maheshwar Singh @ Maheshwar Prasad Singh Son Of Late Raj Keshi Singh
                 Resident Of Village - Kataru, Police Station - Paroo, District - Muzaffarpur

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    The Joint Director, Consolidation, Muzaffarpur
           3.    The Deputy Director, Consolidation, Sitamarhi Null Null
           4.    The Deputy Director, Consolidation, Muzaffarpur
           5.    The Consolidation Officer, Paroo, District - Muzaffarpur
           6.    Bhupendra Kumar Tiwari S/O Late Gaurishankar Tiwary Resident Of
                 Village - Bishunpur Jivnarain, P.O. Chhap, Police Station - Paroo, District -
                 Muzaffarpur
           7.    Bharat Singh Son Of Late Nirshu Singh
           8.    Rishikesh Singh
           9.    Rakesh Singh Both Sons Of Jay Prakash Singh
           10. Shashi Bhushan Singh
           11. Chandrashekhar Singh @ Munna Singh Both Sons Of Late Nand Kumar
               Singh
           12. Ravindra Singh Son Of Raj Keshri Singh All Residents Of Village - Kataru,
               P.O. Chhap, Police Station - Paroo, District - Muzaffarpur
           14. Smt. Sona Devi W/O Ram Nath Tiwari All Residents Of Village - Bishunpur
               Jivnarain, P.O. Chhap, Police Station - Paroo, District - Muzaffarpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Suraj Narayan Yadav, Advocate
                 For the Respondent/s   :      Mr.Sanjeet Kumar Singh, AC to AAG-06
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   27-02-2026                   Heard Mr. Suraj Narayan Yadav, learned counsel for

                   the petitioner and the State.

                               2. The present petition has been preferred for the
Patna High Court CWJC No.4742 of 2014(5) dt.27-02-2026
                                            2/3




          following relief/s:

                                  (i) for issuance of a writ in the nature of

                                  Certiorari      to quash the Order dated

                                  07.07.2010 passed by the Joint Director,

                                  Consolidation, Muzaffarpur in Revision

                                  Case no. 823/1991 by which he set aside the

                                  Order dated 30.09.1991 passed in Appeal

                                  no. 12/1989 of the Deputy Director of

                                  Consolidation, Sitamarhi and further for

                                  issuance of a writ in the nature of

                                  Mandamus commanding the respondents not

                                  to interfere with the map and khatiyan of the

                                  revision survey stands in the name of the

                                  petitioner as well as respondent no. 7 to 12

                                  and their right, title and possession over the

                                  land in dispute.

                       3. On 27.01.2018, the coordinate bench recorded that

          the sole petitioner is no more and as such allowed the learned

          counsel to bring on record the Vakalatnama of the heirs. It has

          not been done and the same prayer is made.

                       4. However, after some argument, learned counsel for

          the petitioner submits that heirs be granted liberty to approach
         Patna High Court CWJC No.4742 of 2014(5) dt.27-02-2026
                                                     3/3




                   afresh if he/she/they so want.

                                5. Granting said liberty, the writ petition is disposed

                   of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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