Suraj Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1110 of 2016 ====================================================== Suraj Rai, Son of Late Ramashray Rai @ Budhu Rai, Resident of Mohalla - Doulatganj, Police Station - Bhagwan Bazar, District - Saran at Chapra. ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Commissioner, Saran Division, Saran at Chapra. 3.

The Deputy Collector, Land Reform, Saran at Chapra. 4.

The Circle Officer, Sadar Circle Chapra Saran at Chapra. 5.

Mohan Prasad Yadav, Son of Late Ram Janam Yadav, resident of Mohalla Shivganj, Police Station Bhagwan Bazar, District - Saran at Chapra. 6.

Ashok Sharma, S/o Late Kesholal Sharma, resident of Mohalla Mashumganj, Police Station Bhagwan Bazar, District Saran at Chapra. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Pramod Ban Bihari Singh, Adv.

For the Respondents :

Mr.Rajesh Singh-GP16 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-05-2019 The substitution petition has been filed on behalf of petitioner as during pendency of this writ petition petitioner Suraj Rai died leaving behind his legal heirs and representatives as mentioned in para 1 of I.A. No. 5371 of 2018. Let the name of writ petitioner Suraj Rai be expunged from the records of this petition and in his place name of his legal representatives and legal heirs as mentioned in para 1 of I.A. No. 5371 of 2018 be substituted.

It has been submitted on behalf of counsel for the petitioner that aggrieved by the order passed by Commissioner,

Patna High Court CWJC No.1110 of 2016(2) dt.21-05-2019 2/2 Saran Division, Saran at Chapra in B.L.D.R. Appeal No. 171 of 2012 he has preferred this writ petition without exhausting the statutory remedy of filing appeal in B.L.T., as such, petitioner may avail the remedy available under the B.L.T. Act of filing appeal before the B.L.T. before approaching this Court. If any appeal is filed, B.L.T. may take into consideration the period during which writ petition remained pending before the Court while condoning delay in filing appeal.

With aforesaid observation the writ petition is disposed of.

(S. Kumar, J) Rajiv/- U