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Patna High CourtCWJC/1520/2025withdrawn

Seema Singh v. The State Of Bihar

2025-02-04Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1520 of 2025 ====================================================== Seema Singh, Daughter of Ravindra Prasad, Wife of Late Sunil Singh Resident of Mohalla- Rajapur, Police Station- Krishnapuri, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Revenue and Reforms Department, Government of Bihar, Patna. 2.

The Principal Secretary, Land Revenue and Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate-cum- Collector, Patna, District- Patna. 4.

The Additional District Magistrate, Patna, District- Patna. 5.

The D.C.L.R., Patna Sadar, District- Patna.

6.

The Circle Officer, Fulwari Sharif, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Shankar Roy, Advocate For the State :

Mrs. Nutan Sahay (AC to AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed for the following relief/s:- "I. For issuance of an appropriate writ, order, direction to the respondent no. 6 to obey the order bearing Memo no.

1371 dated 13.07.2024 passed by respondent no. 6 in PARIMARJAN (from off-line to on-line) Case No. 66 of 202324 by which the respondent no. 6 was directed to enter the lands of Khata nos.

Patna High Court CWJC No.1520 of 2025(2) dt.04-02-2025 2/3 03, 101, Plot nos. 988, 1035, 1040/1121, 1036/1122 of Mauza- Naharpura, Thana No. 56, area 72.5 decimals, Jamabandi No. 362, Police Station + CircleFulwari Sharif, District- Patna on-line in the name of jamabandi raiyat Raman Singh.

II. For issuance of an appropriate writ, order, direction to the respondent no. 6 that his official duty is to obey the orders passed by his higher authorities as well as the competent courts and disregard of such order is nothing but to invite suitable legal actions against such officers.

III. For issuance of an appropriate writ, order, direction granting any other relief or reliefs for which the petitioner is found entitled under law."

3. Learned Counsel for the State raised preliminary objection and submits that from the genealogy table mentioned in paragraph no.4 of the writ petition, it become crystal clear that the land was originally in the name of Chandradeep Singh who died leaving behind his five sons whose names are mentioned in the said genealogy table. Counsel further submits that petitioner is the wife of late Sunil Singh (son of late

Patna High Court CWJC No.1520 of 2025(2) dt.04-02-2025 3/3 Chandradeep Singh), has filed this petition to record her name online.

4. It transpires to this Court that there is no pleading in this writ petition that what happened to the rights of other brothers inspite of the fact that admittedly, the property was recorded in the name of late Chandradeep Singh and therefore, all his sons and other heirs & legal representatives are entitled according to Hindu Succession Act, 1956 (Act no.30 of 1956) for entry of their names in the record of rights.

5. In this view of the matter, this Court is not passing any order on merit but grants liberty to the petitioner to withdraw the writ petition on his prayer.

6. As such, the present writ petition stands dismissed as withdrawn with liberty granted to the petitioner that she may file application afresh stating all the facts and circumstances relating to heirs and legal representatives of late Chandradeep Singh before proper authority.

(Dr. Anshuman, J) Divyansh/- U