Ram Charitra Rai and Ors. Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Ram Charitra Rai and Ors. Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief on the challenge to the Divisional Commissioner's order; writ petition disposed of with liberty to the petitioners to seek redressal before the appropriate authority/court. I.A. No. 02 of 2025 allowed and deceased respondent no. 6.1 (Mosmat Pancha Devi) expunged from the respondent list. Any fresh petition to be decided on merits, not rejected on grounds of limitation.

Issue for consideration

Whether I.A. No. 02 of 2025, preferred for expunging the name of respondent no. 6.1 (Mosmat Pancha Devi), who died on 26.06.2025 leaving behind eight sons and two daughters already on record as respondents 6.2 to 6.11, should be allowed. +1 more

Court's answer

I.A. No. 02 of 2025 is allowed and the name of respondent no. 6.1, Mosmat Pancha Devi, is to be expunged from the respondent list of the present petition.

Ratio / Principle

As learned counsel for the petitioners submitted, after some argument, that they would approach the appropriate authority/court for redressal of the grievance, the writ petition stands disposed of.

Key takeaways

If such a petition is hereafter filed for redressal, it must be taken to its logical conclusion on merit and not on the ground of limitation, as the matter was pending before this Court for almost a decade.ratio¶46

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.13447 of 2017 (Rajiv Roy, J.), decided 21-07-2025. Four brothers, sons of Late Bhairo Rai, had sought quashing of the Divisional Commissioner, Bhagalpur's order dated 25.07.2017 in Revision Case No. 3 of 2017-18 as violative of section 30 of the Bihar Land Ceiling Act 1981 and of this Court's earlier orders dated 01.07.2015 in C.W.J.C. No. 9352 of 2010 and dated 30.03.2017 in L.P.A. No. 1279 of 2015, together with a direction to admit their appeal. I.A. No. 02 of 2025 for expunging the name of deceased respondent no. 6.1, Mosmat Pancha Devi (died 26.06.2025), was allowed, there being no opposition. After some argument, learned counsel for the petitioners submitted that they would approach the appropriate authority/court for redressal of the grievance; the writ petition was accordingly disposed of, with the Court adding that any such petition must be taken to its logical conclusion on merit and not on the ground of limitation, the matter having been pending before this Court for almost a decade.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13447 of 2017

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Ram Charitra Rai

Ramanand Rai,

Parmanand Rai,

Ashok Kumar, All sons of Late Bhairo Rai, Resident of Village Hario, P.S.Sultanganj, P.O.- Akbarnagar, District- Bhagalpur. ... ... Petitioner/s

Versus

The State Of Bihar

The Board of Revenue, Bihar, Patna through its Member. null null

The Divisional Commissioner, Bhagalpur. null null

The District Magistrate-cum-Collector, Bhagalpur.

The Deputy Collector, Land Reforms, Bhagalpur.

6.1. Mosmat Pancha Devi, Wife of late Rajendra Rai, R/o Village- Bhawnathpur, P.O. Rannuchak Makandpur, P.S. Sultanganj, District-Bhagalpur.

6.2. Rama Krishna Ray, Son of late Rajendra Rai, R/o Village- Bhawnathpur, P.O. Rannuchak Makandpur, P.S. Sultanganj, District-Bhagalpur.

6.3. Shri Krishna Ray, Son of late Rajendra Rai, R/o Village- Bhawnathpur, P.O. Rannuchak Makandpur, P.S. Sultanganj, District-Bhagalpur.

6.4. Ram Kumar Ray, Son of late Rajendra Rai, R/o Village- Bhawnathpur, P.O. Rannuchak Makandpur, P.S. Sultanganj, District-Bhagalpur.

6.5. Pawan Kumar Roy, Son of late Rajendra Rai, R/o Village- Bhawnathpur, P.O. Rannuchak Makandpur, P.S. Sultanganj, District-Bhagalpur.

6.6. Prabhat Chandra Ray, Son of late Rajendra Rai, R/o Village- Bhawnathpur, P.O. Rannuchak Makandpur, P.S. Sultanganj, District-Bhagalpur.

6.7. Niraj Kumar Ray, Son of late Rajendra Rai, R/o Village- Bhawnathpur, P.O. Rannuchak Makandpur, P.S. Sultanganj, District-Bhagalpur.

6.8. Manish Kumar Ray, Son of late Rajendra Rai R/o Village- Bhawnathpur, P.O. Rannuchak Makandpur, P.S. Sultanganj, District-Bhagalpur.

6.9. Anish Kumar Ray, Son of late Rajendra Rai, R/o Village- Bhawnathpur, P.O. Rannuchak Makandpur, P.S. Sultanganj, District-Bhagalpur.

6.1 Sudha Devi, D/o of late Rajendra Rai, W/o Anil Kumar, R/o 84 Shivpuri 0. Colony, Chas, District- Bokaro(Jharkhand).

6.1 Sindhu Devi, Daughter of late Rajendra Rai, W/o Manoranjan Sharma, R/o 1. Village- Ghorpithiya, P.S. Shahkund, District- Bhagalpur.

Muni Lal Kunwar @ Munna Kunwar, Son of Shri Lakhan Lal Kunwar, Resident of Village- Bhavnathpur, P.O.- Rannuchak Makundpur, P.S.Sultanganj, Bhagalpur.

Radheshyam Kunwar, Son of Shri Lakhan Lal Kunwar, Resident of VillageBhavnathpur, P.O.- Rannuchak Makundpur, P.S.- Sultanganj, Bhagalpur.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14

Patna High Court CWJC No.13447 of 2017(8) dt.21-07-2025 2/3

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

8 21-07-2025

Heard the parties.

The present petition has been preferred for the grant of following relief(s):

“for issuance of an appropriate writ or order or direction for quashing of the order dated 25.07.2017 passed by the respondent Divisional Commissioner, Bhagalpur in Revision Case No. 3 of 2017-18 being not only violative of section 30 of the Bihar Land Ceiling Act 1981 but also the order dated 01.07.2015 passed by this Hon'ble Court in C.W.J.C. No. 9352 of 2010 as also the order dated 30.03.2017 passed in L.P.A. No. 1279 of 2015 and for a direction to the said Divisional Commissioner, Bhagalpur to admit the appeal of the petitioners and decide the same on merits in accordance with law and for any other relief/(s) to which the petitioners are found entitled in the facts and circumstances of the case.”

I.A. No. 02 of 2025

Patna High Court CWJC No.13447 of 2017(8) dt.21-07-2025 3/3

The aforesaid Interlocutory Application has been preferred for expunging the name of respondent no. 6.1 namely Mosmat Pancha Devi who died on 26.06.2025 leaving behind the eight sons and two daughters who are already on record and respondent no. 6.2 to 6.11 in the present case.

There is no opposition from the other side.

In that background, I.A. No. 02 of 2025 is allowed.

Let the name of respondent no. 6.1 namely Mosmat Pancha Devi be expunged from the respondent list of the present petition.

CWJC No. 13447 of 2017

After some argument, learned counsel for the petitioners submit that they shall be approaching the appropriate authority/court for the redressal of the grievance.

The writ petition stands disposed of.

Needless to add, if such petition is filed, the same has to be taken to its logical conclusion on merit and not on the ground of limitation as the matter was pending before this Court for almost a decade.

(Rajiv Roy, J)

vinayak/-

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