Patna High Court
Maheshwar Singh @ Maheshwar Prasad SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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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