Patna High CourtMJC/3721/2014allowed

Mina Devi v. The State Of Bihar And ORS

2016-08-10Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3721 of 2014 In Civil Writ Jurisdiction Case No. 3336 of 1999 ====================================================== Mina Devi, Wife of Rabindra Singh, Resident of Village Nimi, P.S. Barbigha, Dist. Shekhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Member, Board of Revenue, Bihar, Patna.

3. Collector, Shekhpura.

4. D.C.L.R., Shekhpura.

5. (a) Smt. Mani Devi, Wife of Late Vijay Kumar Prasad Singh. (b) Sri Sanjay Kumar Bhardvaj, son of late Rajballabha Singh. (c) Sri Sanjeev Kumar, Son of Late Vijay Kumar Prasad Singh. (d) Sri Rajeev Kumar, son of Late Vijay Kumar Prasad Singh. All are resident of Village Nimi, P.S. Barbigha, Dist. Shekhpura.

6. Sri Kailash Singh, .... .... Respondents/Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar @ Ravindra Kr Rai For the Respondent/s : Mr. Raju Giri ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-08-2016 Heard learned counsel for the petitioner and counsel for the opposite parties.

I.A. No. 1540 of 2015 This interlocutory application has been filed for substitution of respondent no.5 who has died during pendency of the writ application.

Let the name of Rajballabh Singh (Respondent No.5) be expunged and, in his place, his successor be incorporated as mentioned in paragraph no.3 of this interlocutory application. This application is, accordingly, allowed.

Patna High Court MJC No.3721 of 2014 (5) dt.10-08-2016 Already an appearance has been filed on behalf of the newly incorporated heirs whose names have been mentioned in paragraph no.3 of the I.A. No. 1540 of 2015 and the newly substituted heirs do not have any objection for restoration of CWJC No. 3336 of 1999.

Accordingly, C.W.J.C. No. 3336 of 1999 is restored to its original file.

Learned counsel for the petitioner is directed to serve copy of the writ application on the learned counsel for the newly added respondents.

(Shivaji Pandey, J) Rishi/- U