Md. Neyaj Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13331 of 2014 ====================================================== Md. Neyaj Ahmad S/o Shah Alam Hafiz Khadim-Sah-Gaddi Nashin, Hajrat Makhdum Shah Sahabuddin Pir Jagiot Rahamtullah Allaih Kachhi Dargah and Hajrat Aadam Sufi Chishti Rahamtullah Allaih Pakki Dargah, Jethuli, Banka Ghat, P.S. - Fatuha, District - Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Home Commissioner, Government of Bihar, Old Secretariat, Patna.

2.

The District Magistrate, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Binode Bariar, Advocate For the State :

Mr. Md. Irshad, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-05-2024 The present writ petition has been filed seeking the following relief:- "1.

That this is an application for issuance of appropriate writ/writs, order/orders, direction/directions and writ in the nature of mandamus commanding the respondents to take appropriate steps as per report of the Circle Officer, Fatuha vide memo no.- 373, dated03/05/2014 wherein it has been categorically stated that some antisocial elements have unlawfully encroached upon the land of Hajrat Makhdum Shah Sahabuddin Pir Jagjot Rahamtullah Allaih Kachhi Dargah and Hajrat Aadam Sufi Chishti Rahamtullah Allaih Pakki Dargah Pakki Dargah, disturbing peaceful offering of Puja/Ibadat by Hindu and Muslim and obstructing Mela over the land of dargah creating serious law and order problem."

Patna High Court CWJC No.13331 of 2014(2) dt.08-05-2024 2/2 2.

At the outset, the learned counsel for the petitioner submits that since the petitioner has died during the interregnum period, the present writ petition has been rendered infructuous, however in case the legal heirs of the deceasedpetitioner are interested, they be granted liberty to take recourse to the due process of law for redressal of their subsisting grievances, if any. Liberty so sought is granted. 3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U