Badamiya Devi @ Sudama Devi Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Badamiya Devi @ Sudama Devi Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Substitution of the heirs/legal representatives of the deceased sole petitioner in her place in the cause title (I.A. No.02 of 2024 allowed); the writ petition disposed of with liberty to the petitioner to file the appropriate petition before the appropriate authority in accordance with law.

Issue for consideration

Whether the heirs/legal representatives of the deceased sole petitioner, Badamiya Devi @ Sudama Devi (died 05.04.2024), could be substituted in her place in the writ petition (I.A. No.02 of 2024). +1 more

Court's answer

Having heard learned counsel and considering the averments made in the application, Interlocutory Application No.02 of 2024 for substitution of the heirs/legal representatives of the deceased sole petitioner is allowed.

Ratio / Principle

The names of the heirs/legal representatives of the sole petitioner shall be substituted in her place in the cause title of the writ petition after deleting her name.

Key takeaways

In view of the submission of learned counsel for the petitioner, to which the appearing respondents raised no objection, the present writ petition stands disposed of with liberty to the petitioner to file the appropriate petition before the appropriate authority in accordance with law, as prayed for; the mutation order dated 30.09.2012 was neither affirmed nor set aside on merits.ratio¶10

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.13837 of 2016 - oral order dated 07-01-2025 by Justice Sunil Dutta Mishra. The sole petitioner, Badamiya Devi @ Sudama Devi, died on 05.04.2024; Interlocutory Application No.02 of 2024 seeking substitution of her heirs/legal representatives was allowed and their names were directed to be substituted in the cause title of the writ petition after deleting hers. The writ petition had sought (i) setting aside of the Circle Officer, Pirpaiti, Bhagalpur's order dated 30.09.2012 in Mutation Case No.1973/2012-13 and (ii) a direction to the respondent authority to open the Jamabandi in the petitioner's name and issue rent receipt for payment of rent to the State of Bihar. On the joint submission of counsel, with the appearing respondents raising no objection, the petition was disposed of without adjudication on merits, with liberty to the petitioner to file the appropriate petition before the appropriate authority in accordance with law.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13837 of 2016

======================================================

Badamiya Devi @ Sudama Devi Wife of Bishwanath Das, Resident of Village Nauwatoli Maheshram, P.S. Pirpaiti, District Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

The Collector, Bhagalpur.

The Land Reform Deputy Collector, Kahalgaon, Bhagalpur.

The Circle Officer, Pirpaiti, Bhagalpur.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr. Satyapal Singh, Advocate. For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14. For the Intervenor : Mr. Subodh Prasad, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

7 07-01-2025

Re :- Interlocutory Application No.02 of 2024

This Interlocutory Application No.02 of 2024 has been

filed for substitution of heirs/ legal representatives of sole petitioner, namely, Badamiya Devi who died on 05.04.2024 leaving behind her heirs/ legal representatives as stated in paragraph no.1 of the application.

This application is supported with the affidavit.

There is no objection to this application.

Having heard learned counsel for the parties and considering the averments made in the application, the I.A. No.02 of 2024 is allowed.

Let the names of heirs/ legal representatives of sole petitioner be substituted in her place after deleting her name in

Patna High Court CWJC No.13837 of 2016(7) dt.07-01-2025 2/2

the cause title of the writ petition as stated in paragraph no.1 of the application.

Re :- C.W.J.C. No.13837 of 2016

Heard learned counsel for the parties.

The petitioner has filed the present writ petition for setting aside the order dated 30.09.2012 passed by the Circle Officer, Pirpaiti, Bhagalpur in Mutation Case No.1973/2012-13 and also to direct the respondent authority to open the Jamabandi in the name of petitioner and to issue rent receipt for the payment of rent to the State of Bihar.

Learned counsel for the petitioner submits that the present writ petition may be disposed of with liberty to the petitioner to file the appropriate petition before the appropriate authority in accordance with law.

Learned counsel for the appearing respondents have no objection to this prayer of the petitioner.

In view of the submission of learned counsel for the petitioner, the present Writ Petition stands disposed of with liberty to the petitioner, as prayed for.

(Sunil Dutta Mishra, J)

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