Arun Kumar Mishra And ANR v. Director,Consolidation,Patna And
Patna High Court CWJC No.9155 of 1996 (10) dt.11-05-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9155 of 1996 ====================================================== Arun Kumar Mishra & Ors.
.... .... Petitioner/s
Versus
Director of Consolidation, Bihar, Patna & Ors. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Laxmi Narayan Das Mr. Subroteshwar De Mr. Ranjit Sharan For the Respondent/s : Mr. (Gp2) Mr. Narmadeshwar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-05-2018 Heard the learned counsel for the petitioners. I.A. No.4165 of 2015 has been filed to substitute the legal heirs of respondent Nos.6, 12, 13 and 14 by deleting the name of respondent Nos.6, 12, 13 and 14. The notices were issued to the legal heirs and the proposed substituted legal heirs received notices.
I.A. No.4165 of 2015 is allowed. Let the names of respondent No.6, Uma Kant Mishra, respondent No.12, Rajni Kant Mishra, respondent No.13, Kamlesh Mishra and respondent No.14, Chandra Kant Mishra be deleted and the names of their legal heirs fully described in para 1, 2, 3 and 4 of the I.A. be substituted. Since they have received their notices but did not
Patna High Court CWJC No.9155 of 1996 (10) dt.11-05-2018 chose to appear, the service of notice received by the legal heirs shall be treated as valid service.
The jointness petition filed by I.A. No.8621 of 2015 is also accepted.
The petitioners filed this writ petition to quash the order dated 05.07.1996 passed by the Joint Director, Consolidation, Muzaffarpur in Revision Case No.187 of 1994 by which the record of right was directed to be corrected and the names of the respondents be entered but during the pendency of the writ petition, the petitioners and the respondents entered into a compromise in a separate proceeding initiated under Section 145 Cr.P.C. and the petitioners also filed compromise petition as Annexure 5 and 6.
In view of the compromise petition, the respondents admitted the possession of the petitioners with regard to the disputed land of Khata No.214, Khesra No.8303, area 18 katha 2 dhurs.
Accordingly, this writ petition is also disposed of in terms of compromise petition.
(Prabhat Kumar Jha, J) Saurabh/- U