Writ petition filed to quash a notice concerning land heirship was disposed of, granting liberty to heirs, following the petitioner's death during pendency.
Writ petition disposed with liberty to heirs of deceased petitioner to take recourse as available under law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3006 of 2020
Parvej Khan @ Jyoti
… … Petitioner
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Sunil Kumar Sinha, Advocate For the Respondent Nos.1 to 3 : Mr. Suresh Kumar, SC (L&C)-II For the Respondent No. 4 : Mr. Shailendra Kumar Singh, Advocate -----
07/21.03.2023 The present writ petition has been filed for quashing the notice dated 08.09.2020 issued by the respondent no. 3 – the Deputy Collector Land Reforms, Dumri, Giridih to the petitioner in Misc. Case No. 04/2020-21 calling upon him to prove that he is the heir of the khatiyani raiyat namely, Khuda Baksh Khan of the land appertaining to Khata No. 7, Thana No. 130, Village-Isri Bazar. Further prayer has been made for quashing the entire proceeding arising out of the impugned notice being Misc. Case No. 04/2020-21.
Mr. Sunil Kumar Sinha, learned counsel for the petitioner refers to paragraph-6 of the writ petition and submits that the petitioner executed a registered power of attorney in favour of Sri Nand Kisore Prasad Swarnkar, R/o Isri Bazar, Dumri, District-Giridih to sell the aforesaid land vide registered power of attorney deed No. 6157/579 dated 27.04.2011 and in pursuance of the said power of attorney, he came in possession of the said land.
I.A. No. 1679 of 2023 has been filed on behalf of the respondent no. 4 informing the Court regarding the death of the sole petitioner – Parvej Khan @ Jyoti, who has died during pendency of the writ petition on 26.08.2021.
Learned counsel for the petitioner also confirms the death of the petitioner during pendency of the writ petition.
Considering the said development which has taken place during pendency of the writ petition, there is no need to further proceed in the matter.
The writ petition is disposed of with liberty to the heirs/successors of the deceased petitioner to take recourses as available under law with respect to the concerned issue.
I.A. No. 1679 of 2023 also stands disposed of accordingly.
(Rajesh Shankar, J.)
Manish
Parvej Khan @ Jyoti
The State of Jharkhand
The Deputy Commissioner, Giridih
The Deputy Collector Land Reforms, Dumri, Giridih
Mahesh Prasad Daga
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
