Lalmohar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25025 of 2018 ====================================================== 1.1. Jeera Devi Wife of Lal Mohar Singh, Resident of Mohalla - Dumraon, Dakshin tola, P.O. and P.S. - Dumaraon, District- Buxar. 1.2. Sunil Kumar Singh Son of Late Lal Mohar Singh, Resident of Mohalla - Dumraon, Dakshin tola, P.O. and P.S. - Dumaraon, District- Buxar. 1.3. Santosh Kumar Son of Late Lal Mohar Singh, Resident of Mohalla - Dumraon, Dakshin tola, P.O. and P.S. - Dumaraon, District- Buxar. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director Consolidation, Bihar, Patna 3.

The Joint Director Consolidation, Bihar, Patna 4.

The Deputy Director Consolidation, Bhojpur, Ara 5.

The Consolidation Officer, Rajpur, Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nitesh Kumar, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan -SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-03-2025 Heard Learned Counsel for the petitioners and Learned Counsel for the State.

Re:- I.A. No. 01 of 2024

2. The present Interlocutory Application has been filed for the substitution of the heirs and legal representatives of sole petitioner, who died during the pendency of the present writ petition. The details of the substituted heirs and legal representatives of the petitioner are mentioned in paragraph 2 of the Interlocutory Application. A fresh Vakalatnama on behalf of the heirs and legal representatives of the sole petitioner has been attached.

3. Learned Counsel for the petitioner submits that

Patna High Court CWJC No.25025 of 2018(2) dt.21-03-2025 2/3 whatever the civil right accrued to the petitioner after his death shall be devolved upon his heirs and legal representatives.

4. Learned Counsel for the State has no objection for the same.

5. Counsel for the petitioner is hereby directed to add the name of the heirs and legal representatives of the petitioner in the main petition in course of the day.

6. The Registry is also directed to make necessary amendment in the soft copy of the cause title.

7. Accordingly, The present I.A. No. 01 of 2024 is hereby allowed.

Re:- CWJC No. 25025 of 2018

8. Learned Counsel for the petitioners submits that the representation was filed by the petitioners' father but has not been disposed of till date and is still pending before the concerned authority.

9. Learned Counsel for the State submits that the writ petition may be disposed off with a direction to consider the representation within a specified period of time.

10. It transpires to this Court that the earlier representation was filed by the petitioners' father, who has died now.

Patna High Court CWJC No.25025 of 2018(2) dt.21-03-2025 3/3

11. In the present facts and circumstances, the writ petition stands disposed off, directing the petitioners to file a fresh representation, raising all the points before the Joint Director Consolidation, Bihar, Patna, (respondent No. 3) within 30 days from the date of filing of fresh representation by the petitioners along with a copy of this order.

12. The Joint Director Consolidation, Bihar, Patna, (respondent No. 3), is hereby directed to pass order, considering the merit of the case, within 90 days thereafter. (Dr. Anshuman, J.) Aman Kumar/- U