Madan Mohan Kunwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 9225 of 2015 Along with Interlocutory Application No 9282 of 2018 ====================================================== 1 (1a) Krishna Mohan Kumar 2 (1b) Ram Mohan Kumar, both sons of late Madan Mohar Kunwar 3 (1c) Sudha Devi, wife of late Madan Mohan Kunwar , Residents of VillageSaidpur, P.O.- Saidpur, P.S.- Gopalpur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Revenue Department, Government of Bihar 2.

The Collector, Banka.

3.

Sri Sanjeev Kumar Singh Circle Inspector Dhoraiya Anchal District- Banka. 4.

The Circle Inspector Dhoraiya District- Banka. 5.

Sri Arvind Thakur Halka Karamchari of Mauza Katahra under the Anchal Dhoraiya, District- Banka.

6.

Smt Radha Devi wife of Sildhar Yadav, R/o village Mirzapur, P.S.- Barhat, District- Banka.

7.

Veena Kunwar Sinha wife of Sri Ram Naresh Sinha, R/o Village- Garh Sisai, P.S.- Dalsing Sarai, District- Samastipur.

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

For the Petitioner/s :

Mr Ram Sumiran Singh, Advocate For the Respondent/s :

Ms Roona, AC to GP VII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2022 Re : Interlocutory Application No 9282 of 2018 Interlocutory Application No 9282 of 2018 has been filed for expunging the name of the sole petitioner who has died during pendency this writ application and in his place substituting the names of his legal heirs, as mentioned in the Interlocutory Application.

Interlocutory application No 9282 of 2018 is allowed

Patna High Court CWJC No.9225 of 2015(2) dt.12-12-2022 2/2 and the name of sole petitioner be expunged and, in his place, names of his legal heirs be substituted.

The deceased petitioner was defendant in Title Suit No 3 of 2015. It is the submission of the petitioners' counsel that the Title Suit was dismissed by learned Sub Judge I, Banka under Order VII Rule 11 of Civil Procedure Code. It is further submitted that availing benefit of the said order, the petitioners would be approaching the Authority in respect of the validity of Annexure 3, the order of mutation dated 24.01.2015. Without going into merits of the said submission and without expressing any opinion, this writ petition is disposed of with liberty to the petitioners to avail their remedy in accordance with law.

(Madhuresh Prasad, J) M.E.H./- U