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Patna High CourtCWJC/3167/2017disposed

Urmila Devi v. The State Of Bihar And ORS

2024-12-05Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3167 of 2017 ====================================================== Urmila Devi Wife of Kaushal Kishore Prasad Singh, Resident of Village Bishunpur Mahuari Bara, P.S. Maharajganj, District Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Additional Member, Board of Revenue, Bihar, Patna. 3.

The Collector, Siwan.

4.

The Sub-Divisional Officer, Maharajganj, District Siwan. 5.

Ram Surat Prasad Son of Late Saryug Prasad, Resident of Village Bishunpur Mahuari, Pargana Barai, P.S. Maharajganj, District Siwan. 6.

Krishna Singh Son of Late Kashi Singh.

7.

Anil Kumar Singh Son of Mahavir Singh.

8.

Arun Kumar Son of Mahavir Singh.

9.

Ram Suresh Singh Son of Mahavir Singh, All Respondent No.6 to 9 are Resident of Village Bishunpur Mahuari, Pargana Barai, P.S. Maharajganj, District Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Prasad, Advocate.

For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-12-2024 Re :- Interlocutory Application No.2 of 2023 This Interlocutory Application No.2 of 2023 has been filed for substitution of heirs/ legal representatives of deceased respondent no.5, namely, Ram Surat Prasad who died on 10.02.2022 leaving behind his heirs/ legal representatives as stated in paragraph no.1 of the application.

2. This application is supported with the affidavit.

3. There is no objection to this application.

Patna High Court CWJC No.3167 of 2017(6) dt.05-12-2024 2/2

4. Having heard learned counsel for the parties and considering the averments made in the application, the I.A. No.2 of 2023 is allowed.

5. Let the name of deceased respondent no.5 be expunged from the cause title of present writ petition and in his place his heirs/ legal representatives as stated in paragraph no.1 of the application be substituted.

Re :- C.W.J.C. No.3167 of 2017

6. Heard learned counsel for the parties.

7. Learned counsel for the parties submit that in view of the Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, the proceeding in the present case stands abated and this petition may be disposed of.

8. In view of the submissions of learned counsel for the parties, the present writ petition stands disposed of. (Sunil Dutta Mishra, J) Ritik/- U