Chanchala Devi, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2282 of 2020 ====================================================== 1.

Chanchala Devi, Wife of Ram Nandan Yadav, resident of village- Guriya Navadihi, P.s.- Jadiya, District- Supaul.

2.

Sulochana Devi, @ Kumari Sulochana, Wife of Abhi Nandan Yadav, resident of village- Guriya Navadihi, P.s.- Jadiya, District- Supaul. 3.

Kumari Hema, Wife of Yadu Nandan Kumar Yogesh, resident of villageGuriya Navadihi, P.s.- Jadiya, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Government of Bihar, at Patna.

2.

The Principal Secretary, land and Revenue Department, Government of Bihar at Patna.

3.

The Divisional Commissioner, Koshi Division, Sharsa, District- Saharsa. 4.

The Collector, Supaul, District- Supaul.

5.

The Sub-Divisional Officer, Supaul, District- Supaul. 6.

The Additional Collector, Supaul, District- Supaul. 7.

The Deputy Collector, Land Reforms, Triveniganj, District- Supaul. 8.

The Circle Officer, Triveniganj, District - Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Nikesh For the Respondent/s :

Mr.Sajid Salim Khan ( Sc25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-07-2022 Re. I.A. No. 1 of 2022 The present interlocutory application has been filed for substituting the name of the petitioner No. 1 Chanchala Devi, who died on 16.04.2020 leaving behind her heirs and legal representatives. Details of the heirs and legal representatives are mentioned in paragraph No. 3. Let the name of petitioner no. 1 Chanchala Devi be

Patna High Court CWJC No.2282 of 2020(4) dt.18-07-2022 2/3 expunged and in her place the names of her heirs and legal representatives be added as petitioners as mentioned in paragraph No. 3 of the present interlocutory application. Re. C.W.J.C. No. 2282 of 2020 Heard the parties.

With regard to the dispute in question arising out of Title Suit No. 184 of 2016 which is pending in the Court of Subordinate Judge, Supaul, it has been jointly submitted by the parties that the same be directed to be disposed of expeditiously so that the dispute is finally decided.

The Sub-Judge 1st, Supaul is directed to decide the aforementioned Title Suit expeditiously preferably within a period of one year from today.

It is made clear that if any of the party try to linger and delay the disposal of the title suit, the Sub-Judge, 1st, Supaul, will proceed ex parte against that party. The State will not take any action for the vesting of the property in dispute and declaring it as escheats till the matter is finally decided by the Civil Court.

Learned counsel for the petitioners has relied upon the judgment of the Court passed in the case of Shree Alakh Narayan Darad and Ors. Vs. The State of Bihar and Ors.

Patna High Court CWJC No.2282 of 2020(4) dt.18-07-2022 3/3 reported in 1995(2) PLJR 375.

With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Saif/- U