Patna High CourtCWJC/4944/1998disposed

Chandeshwar Prasad Singh v. The State Of Bihar And ORS

2021-11-18Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4944 of 1998 ====================================================== Chandeshwar Prasad Singh ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 4961 of 1998 ====================================================== Chandeshwar Prasad Singh ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 5028 of 1998 ====================================================== Chandeshwar Prasad Singh ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 4944 of 1998) For the Petitioner/s :

Mr.Lakshmi Kant Tiwary For the Respondent/s :

Mr.Prabhakar Singh, Gp27 (In Civil Writ Jurisdiction Case No. 4961 of 1998) For the Petitioner/s :

Mr.Lakshmi Kant Tiwary For the Respondent/s :

Mr. Prabhakar Singh, Gp27 (In Civil Writ Jurisdiction Case No. 5028 of 1998) For the Petitioner/s :

Mr.Lakshmi Kant Tiwary For the Respondent/s :

Mr. Prabhakar Singh, Gp27 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14.

18-11-2021 I.A. No. 4/2021 (in C.W.J.C. No. 4944/1998) I.A. No. 4/2021 (in C.W.J.C. No. 4961/1998) I.A. No. 4/2021 (in C.W.J.C. No. 5028/1998) The aforesaid interlocutory applications have been filed for substitution of legal heirs / representatives after deleting the name of sole petitioner, who died on 16.06.2021.

Patna High Court CWJC No.4944 of 1998(14) dt.18-11-2021 2/3 Name of the legal heirs / representatives has been mentioned in paragraph - 2 of each interlocutory application. In view of aforesaid facts and circumstances, the interlocutory applications are allowed. Let the name of legal heirs / representatives of deceased petitioner, as mentioned in paragraph - 2 of the interlocutory applications, be substituted after expunging the name of sole petitioner from the record of all the aforesaid writ petitions.

C.W.J.C. No. 4944/1998 C.W.J.C. No. 4961/1998 C.W.J.C. No. 5028/1998 Heard learned counsel for the petitioners and Sri Prabhakar Singh, learned Govt. Pleader - 27. The writ applications have been filed for quashing of order dated 26.08.1988 passed by Respondent no. 4 / the Consolidation Officer, Hajipur, Vaishali (Annexure - 1) and order dated 16.08.1994 passed by Respondent no. 2 / the Joint Director of Consolidation, Muzaffarpur (Annexure - 4) under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, which is a schedule Act, under Section 9 of the Bihar Land Tribunal Act, 2009. This Court is of the opinion that this matter can well be adjudicated by the Tribunal.

Patna High Court CWJC No.4944 of 1998(14) dt.18-11-2021 3/3 Accordingly, in view of proviso to Section 15 of the Bihar Land Tribunal Act, 2009, the Registry is directed to transmit the record of all the aforesaid cases to the Tribunal forthwith.

However, considering the fact that aforesaid cases were pending before this Court since long, it is expected that the Tribunal will hear and dispose of the cases within a period of nine months from the date of receipt of record of the cases after giving proper notice to all the concerned parties, including the petitioners.

(Prabhat Kumar Singh, J.) anay U