Most. Mina Devi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2379 of 2016 ====================================================== 1.

Most. Mina Devi and Ors wife of Late Inderdeo Ram, Resident of village and MOhallah- Bharat Sevash, Swarajpuri Road, P.S.- Civil Lines, DistrictGaya Bihar 2.

Sumitra Devi Wife of Late Ram Balak Prasad 3.

Rajiv Ranjan son of Late Ram Balak Prasad null 4.

Arivind Kumar son of Late Ram Balak Prasad null 5.

Niraj Kumar son of Late Ram Balak Prasad null 6.

Dilip Kumar, son of Late Ram Sewak Prasad null 7.

Pramod Kumar, son of Late Ram Sewak Prasad null 8.

Sanjit Kumar son of Late Ram Sewak Prasad 9.

Suresh Prasad son of Laxman Mahto, Sl. No. 2 to 9 are Resident of Village and Mohallah- Railway Hospital Road Leach Road, P.s.- Civil Lines, District- Gaya Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Chairman, Bihar Land Tribunal, Patna 3.

The Deputy Collector Land Reforms, Gaya Sadar, District- Gaya Bihar 4.

The Circle Officer, Gaya Nagar, District- Gaya Bihar 5.

Ram Saran Prasad Singh, son of Late Anugrah Narayan Singh 6.

Ramjay Prasad Singh son of Late Ram Anugrah Narayan Singh null 7.

Ram Ashray Prasad Singh son of Late Ram Anugrah Narayan Singh 8.

Ram Sewak Prasad Singh, son of Late Ram Anugrah Narayan Singh 9.

Raghunandan Prasad Singh son of Late Ram Prasad Singh 10.

Ratan Kumar Singh son of Late Ram Prasad Singh 11.

Sujit Kumar Singh son of Late Ram Prasad Singh Sl. No. 5 to 11 are Resident of village and Mohallah- Anand Bhawan, Swarajpuri Road, P.S.- Civil Lines, District- Gaya Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar Dipak, Advocate For the Respondent/s :

Mr. U.S.S. Singh, GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-02-2024 Heard learned counsel for the petitioners as also Mr.

Patna High Court CWJC No.2379 of 2016(4) dt.16-02-2024 2/3 Uday Shankar Sharan Singh, GP-1.

2. The present writ petition has been preferred for following relief:

"That the present application is being filed for issuance of appropriate writ or writs for setting aside an Order dated 30.10.2015 passed by the Member (Administrative), Bihar Land Tribunal, Patna in B.L.T. Case No.281 of 2014 by which he has affirmed the Order dated Additional 30.09.2013 passed by the Collector, Gaya in Mutation Revision Case No. 66 of 2011 / 124 of 2005."

3. On 30.11.2023, nobody appeared on call. The matter was adjourned for 04.01.2024.

4. On that date, learned counsel for the petitioners submitted that petitioner No. 01 has passed away and for substituting it, he wanted 6 weeks' time.

5. Today on call, the same prayer has been made.

6. It seems the petitioners have lost interest in the case.

7. The Bihar Land Tribunal, Patna whose order has been challenged in the writ petition in BLT Case No. 281 of 2014 read as follows:

"After having heard the parties and

Patna High Court CWJC No.2379 of 2016(4) dt.16-02-2024 3/3 perused the records, I am of the opinion that as Title Suit is pending vide Title Suit No. 31 of 2006/ 66 of 2006, before the Sub-Judge, Gaya, this matter cannot be adjudicated in the Bihar Land Tribunal. Both the parties shall await the result of the Title Suit.

With Above observation, this application is dismissed."

8. This Court is in complete agreement with the order passed by the BLT. When a Title suit is pending before an appropriate Court, the parties are well advised to pursue the said case diligently.

9. The writ petition stands dismissed.

(Rajiv Roy, J) Adnan/- U