Damodar Prasad Singh v. The State Of Bihar And ORS

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, MauzaRanipur, Thana No. 35, Khata No. 177, Khesra No. 5100, Area12 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 3/3

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