← Library
Patna High CourtCWJC/1021/2017disposed

Krishnandan Prasad v. The State Of Bihar,

2025-09-09Mr. Justice Rajiv Roy5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1021 of 2017 ====================================================== 1.1. Sanjeev Kumar Ranjan Son of late Krishnandan Prasad, Residence of Village - Maheshpur, P.O. - Mananpur, Police Station - Chanan, DistrictLakhisarai. 1.2. Kumar Gaurav Son of Late Krishnandan Prasad, Residence of Village - Maheshpur, P.O. - Mananpur, Police Station - Chanan, District- Lakhisarai. 1.3. Sajan Kumar Son of Late Krishnandan Prasad, Residence of Village - Maheshpur, P.O. - Mananpur, Police Station - Chanan, District- Lakhisarai. 2.

Shyam Nandan Prasad, Son of late Bhagirath Prasad, Resident of Village - Maheshpur, P.O. - Mananpur, P.S. - Chanan (Lakhisarai), DistrictLakdhisari. 3.

Devanand Prasad Son of Late Bhagirath Prasad, Resident of Village - Maheshpur, P.O. - Mananpur, P.S. - Chanan (Lakhisarai), DistrictLakdhisari. 4.

Rajesh Kumar Son of Late Bhagirath Prasad, Resident of Village - Maheshpur, P.O. - Mananpur, P.S. - Chanan (Lakhisarai), DistrictLakdhisari. ... ... Petitioner/s

Versus

1.

The State of Bihar, Bihar.

2.

District Collector, Lakhisarai.

3.

The Additional Collector, Lakhisarai.

4.

The D.C.L.R. Deputy Collector Land Reforms , Lakhisarai 5.

The Circle officer, Lakhisarai 6.

The Halka Karamchari, Maheshpur, Chanan, Lakhisarai 7.

Anandi Yadav, Son of Late Taleshwar Yadav, Residence of Village - Maheshpur, P.O. - Mananpur, Police Station (Lakhisarai), DistrictLakhisarai. 8.

Suresh Yadav Son of Late Taleshwar Yadav, Residence of Village - Maheshpur, P.O. - Mananpur, Police Station (Lakhisarai), DistrictLakhisarai. 9.1. Umesh Yadav Son of late Dukhi Yadav, Residence of Village - Maheshpur, P.O. - Mananpur, Police Station - Chanan, District- Lakhisarai. 9.2. Gulabi Yadav Son of late Dukhi Yadav, Residence of Village - Maheshpur, P.O. - Mananpur, Police Station - Chanan, District- Lakhisarai. 9.3. Sailabi Yadav Son of late Dukhi Yadav, Residence of Village - Maheshpur, P.O. - Mananpur, Police Station - Chanan, District- Lakhisarai. 10.

1.

Ramsaran Yadav Son of Late Mangal Yadav, Residence of Village - Maheshpur, P.O. - Mananpur, Police Station - Chanan, District- Lakhisarai. 10.

2.

Rajaram Yadav Son of late Mangal Yadav, Residence of Village - Maheshpur, P.O. - Mananpur, Police Station - Chanan, District- Lakhisarai.

2/5 10.

3.

Guddu Kumar S/o Late Krishnandan Yadav, Residence of Village - Maheshpur, P.O. - Mananpur, Police Station - Chanan, District- Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Respondent/s :

Mr. Birendra Prasad Singh, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner, the State as also learned counsel representing the respondent nos. 7 and 8.

2. The present petition has been preferred for the following relief(s):

"for issuance of writ of CERTIORARI for quashing the impugned order dt.15.12.16 passed by the District Collector, Lakhisarai in Mise. Case No.6/14-15 where by and whereunder the collector bas allowed the Dakhil Kharij Case No.55/06-07 ,56/06-07 and 57/06-07 and the circle officer, Chanan (Lakhisarai) has been directed to Mutate and to issue correction letter through the concerned Halka Karamchari which were not under challenged which are not the subject matter which is without application of mind and without jurisdiction which fit to be set a side."

3. With the consent of the parties both the writ

3/5 petition and the Interlocutory Application no. 01 of 2025 are being taken up for consideration.

I.A. No. 01 of 2025

4. The aforesaid Interlocutory Application has been preferred for substitution of petitioner no. 1, late Krishnanandan Prasad, respondent no. 9, Most Bhadvi and respondent no. 10, Mangal Yadav through their legal heirs.

5. As per the petition, though the date of death of petitioner no. 1 has been recorded as 03.08.2025, the other dates are not available and according to the learned counsel representing the respondent nos. 7 and 8, Mangal Yadav died prior to the filing of the writ petition.

6. This Court expects the counsels to ascertain the facts before filing the writ petition/impleading the petitioner/respondents.

7. However, in the interest of justice, I.A. No. 01 of 2025 stands allowed.

8. Let the names of petitioner no. 1, late Krishnanandan Prasad, respondent no. 9, Most Badhavi and respondent no. 10, Mangal Yadav be replaced by their respective heirs as recorded in the interlocutory application as follows: 1(i) Sanjeev Kumar Ranjan (Male) aged about 35 years;

4/5 1(ii) Kumar Gaurav (Male) aged about 31 years;

1(iii) Sajan Kumar (Male) aged about 31 years. All are sons of Late Krishnanandan Prasad, resident of village Maheshpur, P.O. -- Mananpur, Police Station - Chanan, District-Lakhisarai.

9(i) Umesh Yadav;

9(ii) Gulabi Yadav;

9(iii) Sailabi Yadav.

All are sons of Late Dukhi Yadav, resident of village Maheshpur, PO - Mananpur, Police Station - Chanan, District- Lakhisarai.

10(i) Ramsaran Yadav;

10(ii) Rajaram Yadav;

Both are sons of late Mangal Yadav.

10(iii) Guddu Kumar son of late Krishnanandan Yadav.

All are resident of village: Maheshpur, P.O. -- Mananpur, Police Station - Chanan, District-Lakhisarai. CWJC No. 1021 of 2017

9. Learned counsel for the petitioner after some argument submits that they shall be approaching the Bihar Land Tribunal, Patna for the redressal of the grievance. However, there has been delay in filing of the petition as they were pursuing the writ petition.

10. The respondents have no objection to it.

11. In that background, the writ petition is disposed of

5/5 allowing the petitioners to approach the Bihar Land Tribunal, Patna in next four weeks and if such petition if preferred, the concerned Tribunal is requested to look into the limitation petition in the background of the fact that the present writ petition was pending for last eight years before this Court.

12. Both the writ petition as well as the I.A. No. 01 of 2025 stand disposed of.

(Rajiv Roy, J) Adnan/- U T