Shanti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23435 of 2013 ====================================================== Shanti Devi Wife Of Late Siyasharan Singh Resident Of Village Mirzapur Seikhpura, Police Station Phulwarisharif, District Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar Old Secretariat Building, Patna800015. 2.

The Principal Secretary, Revenue And Land Reforms Department, Government Of Bihar, Old Secretariat 3.

The Collector, Patna 4.

The Deputy Collector, Land Reforms, Patna Sadar, Patna 5.

Prativa Devi Wife Of Late Ram Naresh Singh Resident Of Village Sheikhpura, Police Station Ramkrishna Nagar, District Patna 6.

Mantu Singh 7.

Babban Singh 8.

Sarvjit Singh All Son Of Kamta Singh, Resident Of Village - Sheikhpura, Police Station - Ramkrishna Nagar, District - Patna.

9.

Ashok Singh Son Of Lav Kush Singh Resident Of Village Musopur, Police Station Bihta, District Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bihari Sinha, Advocate For the Respondent/s :

GA-11 For the Intervener :

Mr. Basant Kumar Singh, Advocate Mr. Vishesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 23-07-2025 I.A. No. 01 of 2019.

Heard the parties.

2. This interlocutory application was filed on behalf of proposed interveners with a prayer for impleading them as respondents in the present case.

3. Learned counsel, Mr. Basant Kumar Singh

Patna High Court CWJC No.23435 of 2013(5) dt.23-07-2025 2/3 appearing for the proposed intervener submits that he does wish to press this interlocutory application for the reason that an out of Court settled has been arrived at between interveners and the legal heirs of the petitioner.

4. For the reason as stated by learned counsel appearing for the proposed intervener, the present interlocutory application is dismissed for non-prosecution. I.A. No. 02 of 2025.

Heard the parties.

2. This interlocutory application has been filed by the petitioner stating that the sole petitioner, Shanti Devi has expired on 31.03.2020 and hence he prays for substitution of the legal heirs of the deceased, Shanti Devi whose details have given in paragraph-4 of this interlocutory application.

3. The prayer made in this interlocutory application is not opposed by the respondents.

4. For the reasons as stated in the interlocutory application and the affidavit, this interlocutory application is allowed and it is ordered that the name of the deceased, Shanti Devi should be deleted/expunged and in her place the legal heirs who have been named in paragraph-4 of this interlocutory application is directed to be substituted/impleaded.

Patna High Court CWJC No.23435 of 2013(5) dt.23-07-2025 3/3

5. Accordingly, this interlocutory application is allowed.

CWJC No.23435 of 2013.

Learned counsel for the petitioner, learned counsel for the State and learned counsel for the intervener are present.

2. Learned counsel appearing for the substituted legal heirs of the deceased, Shanti Devi submits that the petitioner has entered into an out of Court compromised/settlement with the proposed interveners and therefore, now no cause of action survives to pursue this writ application.

3. Learned counsel, therefore, prays that he may be permitted to withdraw the present writ application.

4. As prayed for, the present writ application is dismissed as withdrawn for the reason that as per petitioner no cause of action survives to pursue the present writ application. (Alok Kumar Sinha, J) Prakash Narayan U