Damodar Prasad Singh vs The State Of Bihar And Ors
2024 Latest Caselaw 5319 Patna

Patna High Court

Damodar Prasad Singh vs The State Of Bihar And Ors on 8 August, 2024

Author: Harish Kumar

Bench: Harish Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.6708 of 2018
     ======================================================

     1.1 Shailendra Prasad@Shailendra Prasad Singh, aged about 50 yrs, Male
     Son of late Damodar Prasad Singh, Resident of Village Ranipur, P.S.
     Phulwarisharif, District Patna.

     1.2 Daya Devi, wife of late Damodar Prasad Singh, Resident of Village
     Ranipur, P.S. Phulwarisharif, District Patna.

                                                               ... ... Petitioner/s
                                        Versus

1.   The State Of Bihar through the Principal Secretary, Revenue Department,
     Govt. of Bihar, Patna
2.   Commissioner, Office of Divisional Commissioner, Patna.
3.   District Magistrate cum District Collector, Patna.
4.   Additional Collector, Patna.
5.   D.C.L.R. Patna Sadar, Patna.
6.   Circle Officer, Phulwarisharif, Patna.
7.   Akhileshwar Prasad Singh son of late Ram Anup Singh @ Dukh Ram Singh
     R/o Village Ranipur, PS Phulwarisharif, District Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Deepak Kumar Sinha
     For the Respondent/s   :       Mr. Md.Khurshid Alam -AAG 12
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                         ORAL JUDGMENT
     Date : 08-08-2024

                Re.: I.A. No. 1 of 2022

                The Interlocutory Application bearing I.A. No. 1 of

      2022 has been filed for substitution of the name of the legal

      heirs of the sole petitioner, who died during the pendency of the

      writ petition on 19.03.2022. The particulars of the legal heirs

      have been duly mentioned in paragraph no. 4.

                2. In view of the averments made in the application,
 Patna High Court CWJC No.6708 of 2018 dt.08-08-2024
                                           2/3




         I.A. No. 1 of 2022 stands allowed. Let the name of the legal

         heirs of the deceased petitioner be incorporated in the cause

         title. Office is directed to make necessary correction in this

         regard.

                   Re.: CWJC No. 6708 of 2018

                   3. Heard the parties.

                   4. The petitioner is aggrieved by order dated

         06.05.2017

passed by the learned Additional Collector, Patna in

jamabandi cancellation case No. 125/2015-16 by which

Jamabandi No. 6407 created in favour of the petitioner with

regard to his land situated at Circle-Phulwarisharif, Mauza-

Ranipur, Thana No. 35, Khata No. 177, Khesra No. 5100, Area-

12 decimals was cancelled without considering the show cause

and documents produced by the petitioner.

5. Considering at the nature of the grievance as prayed

in the writ petition, it would be suffice to note that against the

order impugned, the petitioner has statutory remedy of appeal

before the Collector under the Bihar Land Mutation Act, 2011.

6. In view thereof, the writ petition stands disposed of

with a liberty to the petitioner to file appropriate appeal before

the Collector, who shall look into the matter and dispose off the

same expeditiously.

Patna High Court CWJC No.6708 of 2018 dt.08-08-2024

7. It is expected that while considering the delay in

filing of the appeal, the learned Collector shall take into account

that the matter was pending before this Court since long.

(Harish Kumar, J) Anjani/-

AFR/NAFR
CAV DATE
Uploading Date          09.08.2024
Transmission Date