Ram Das Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15091 of 2016 ====================================================== 1.

Ram Das Singh Son of Late Sonbhadra singh 2.

Jagarnath Singh 3(i) Mostt. Ram Dulari Kuer 3(ii) Vivek Kumar 4.

Shiv Mandir Singh 5.

Markandey Singh 6.

Om Prakash singh Son of Sri Ram Das Singh All Resident of village Maruan, P.S. Dinara, Dist. Rohtas, A/P resideing at Dinara, P.S. Dinara, District Rohtas ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Rohtas Sasaram 3.

The Deputy Collector, Land and Reforms, Bikramganj, Rohtas 4.

The Anchal Adhikari, Dinara, P.S. Dinara, Dist. Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rewti Kant Raman, Advocate For the Respondent/s :

Mr. Rishi Raj Sinha- SC19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-07-2025 Heard the parties.

2. The present petition has been preferred for the following relief(s):

"for issuance of a writ / order / direction to the respondents to mutate the name of the petitioners in register II as an order has been passed by the competent Civil Court in favour of the vendor of the petitioners and his right, title,

2/4 interest and possession has been declared and same has attained its finality and respondents are bound by the said judgment and decree and are duty bound to create jamabandi in the name of petitioners as following the said judgment and decree register II has been created in the name of other similarly situated persons but prayer of the petitioners are not being considered by them and keeping the petition for years together."

I.A. No. 01 of 2024

3. The aforesaid Interlocutory Application has been preferred for substituting the name of the petitioner no. 3, Jairam Singh who died on 04.04.2017 leaving behind his widow Mostt. Ram Dulari Kuer and son Vivek Kumar as recorded in paragraph 2 of the petition.

4. There is no opposition from the other side.

5. I.A. No. 01 of 2024 is allowed.

6. Let the name of petitioner no. 3, Jairam Singh be deleted and replaced by the heirs: the widow, namely, Mostt. Ram Dulari Kuer and the son, namely, Vivek Kumar.

7. Office to do the needful.

CWJC No. 15091 of 2016

3/4

8. The petitioners have moved before this Court with a direction to the respondent to mutate their names in view of the order passed by the Title Court in their favour and the contention is that the Title Appeal was also dismissed.

9. The supporting documents and/or the orders of the Title Suit/Title Appeal is/are unavailable. The State has added to the confusion by not filing any counter-affidavit despite the passage of nine long years. The different documents show that an encroachment proceeding has also been initiated against these petitioners.

10. It is the contention of the learned counsel for the petitioner that despite an order in their favour, the said proceeding has been initiated.

11. As the State is unable to assist the Court in view of no counter-affidavit, the writ petition stands disposed of directing the Collector, Rohtas at Sasaram (respondent no. 2) to look into the matter and pass an appropriate order on the fresh petition alongwith supporting documents to be handed over to his office by the petitioners herein.

12. Learned counsel for the petitioner submits that they shall be preferring the petition within a period of four weeks from today.

4/4

13. In case the same is filed, the Collector, Rohtas at Sasaram (respondent no. 2) shall be duty bound to take up the matter and after hearing the parties, pass an appropriate order preferably by 31st of March, 2026.

(Rajiv Roy, J) Adnan/- U