Dismissed¶31

Seema Singh v. The State of Bihar

Patna HC4 Feb 2025CWJC/1520/2025

Case brief

AI extract

What is this about?

Patna HC CWJC 1520/2025, dt. 04-02-2025, Dr. Anshuman J.; dismissal as withdrawn with liberty to file afresh; mutation/parimarjan on-line jamabandi entry; Circle Officer Fulwari Sharif; Memo no. 1371 dated 13.07.2024; PARIMARJAN Case No. 66 of 202324; Mauza Naharpura Thana No. 56, Khata 03, 101, Plot 988, 1035, 1040/1121, 1036/1122; jamabandi raiyat Raman Singh; Chandradeep Singh heirs; widow-petitioner Seema Singh; Hindu Succession Act, 1956 (Act no.30 of 1956); missing pleadings on co-heirs' rights; record of rights entry.

What did the court decide?

Writ petition dismissed as withdrawn; petitioner given liberty to file an application afresh before the proper authority setting out all facts and circumstances relating to the heirs and legal representatives of late Chandradeep Singh. ¶31

Seema Singh Vs The State of Bihar — Succession and Inheritance | Patna HC (2025)

What the court decided

AI extract

Outcome

¶31

Issue for consideration

Whether respondent no. 6 (Circle Officer, Fulwari Sharif) should be directed to obey the order bearing Memo no. 1371 dated 13.07.2024 passed in PARIMARJAN (from off-line to on-line) Case No. 66 of 202324 and accordingly enter the specified lands of Mauza- Naharpura on-line in the name of jamabandi raiyat Raman Singh. +1 more

¶20

Ratio / Principle

Because the writ petition contained no pleading regarding the rights of the other sons and heirs of late Chandradeep Singh, the Court declined to pass any order on merit and instead granted liberty to the petitioner to withdraw the writ petition.

¶30

Key takeaways

The present writ petition stands dismissed as withdrawn, with liberty granted to the petitioner to file an application afresh before the proper authority stating all the facts and circumstances relating to the heirs and legal representatives of late Chandradeep Singh.ratio¶31
Since the property was admittedly recorded in the name of late Chandradeep Singh, all his sons and other heirs and legal representatives are entitled according to the Hindu Succession Act, 1956 (Act no.30 of 1956) for entry of their names in the record of rights; this premise underlay the Court's decision not to act on the petition as filed.obiter¶29

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), Civil Writ Jurisdiction Case No.1520 of 2025, decided 04-02-2025 (oral order). Seema Singh, widow of late Sunil Singh, sought a writ compelling respondent no. 6 (Circle Officer, Fulwari Sharif) to obey Memo no. 1371 dated 13.07.2024 passed in PARIMARJAN (from off-line to on-line) Case No. 66 of 202324, directing on-line entry of lands of Khata nos. 03 and 101, Plot nos. 988, 1035, 1040/1121, 1036/1122 of Mauza- Naharpura (area 72.5 decimals, Jamabandi No. 362) in the name of jamabandi raiyat Raman Singh. The State counsel objected that, per the genealogy table, the land was originally recorded in the name of Chandradeep Singh, who left five sons, and the petitioner (wife of one son, late Sunil Singh) alone sought on-line recording of her name. Finding no pleading in the petition as to what happened to the rights of the other brothers - although all sons and other heirs and legal representatives of late Chandradeep Singh are entitled under the Hindu Succession Act, 1956 (Act no.30 of 1956) to entry of their names in the record of rights - the Court passed no order on merit, dismissed the petition as withdrawn, and granted liberty to file an application afresh before the proper authority stating all facts concerning the heirs and legal representatives of late Chandradeep Singh.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1520 of 2025

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

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Seema Singh, Daughter of Ravindra Prasad, Wife of Late Sunil Singh Resident of Mohalla- Rajapur, Police Station- Krishnapuri, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Land Revenue and Reforms Department, Government of Bihar, Patna.

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The Principal Secretary, Land Revenue and Reforms Department, Government of Bihar, Patna.

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The District Magistrate-cum- Collector, Patna, District- Patna.

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The Additional District Magistrate, Patna, District- Patna.

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The D.C.L.R., Patna Sadar, District- Patna.

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The Circle Officer, Fulwari Sharif, District- Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Hari Shankar Roy, Advocate For the State : Mrs. Nutan Sahay (AC to AAG-12) ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 04-02-2025

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Heard Learned Counsel for the petitioner and Learned

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Counsel for the State.

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The present writ petition has been filed for the

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following relief/s:-

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“I. For issuance of an appropriate writ, order, direction to the respondent no. 6 to obey the order bearing Memo no. 1371 dated 13.07.2024 passed by respondent no. 6 in PARIMARJAN (from off-line to on-line) Case No. 66 of 202324 by which the respondent no. 6 was directed to enter the lands of Khata nos.

¶21

Patna High Court CWJC No.1520 of 2025(2) dt.04-02-2025

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2/3

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03, 101, Plot nos. 988, 1035, 1040/1121, 1036/1122 of Mauza- Naharpura, Thana No. 56, area 72.5 decimals, Jamabandi No. 362, Police Station + CircleFulwari Sharif, District- Patna on-line in the name of jamabandi raiyat Raman Singh.

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II. For issuance of an appropriate writ, order, direction to the respondent no. 6 that his official duty is to obey the orders passed by his higher authorities as well as the competent courts and disregard of such order is nothing but to invite suitable legal actions against such officers.

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III. For issuance of an appropriate writ, order, direction granting any other relief or reliefs for which the petitioner is found entitled under law.”

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Learned Counsel for the State raised preliminary objection and submits that from the genealogy table mentioned in paragraph no.4 of the writ petition, it become crystal clear that the land was originally in the name of Chandradeep Singh who died leaving behind his five sons whose names are mentioned in the said genealogy table. Counsel further submits that petitioner is the wife of late Sunil Singh (son of late

¶27

Patna High Court CWJC No.1520 of 2025(2) dt.04-02-2025 3/3

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Chandradeep Singh), has filed this petition to record her name online.

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It transpires to this Court that there is no pleading in this writ petition that what happened to the rights of other brothers inspite of the fact that admittedly, the property was recorded in the name of late Chandradeep Singh and therefore, all his sons and other heirs & legal representatives are entitled according to Hindu Succession Act, 1956 (Act no.30 of 1956) for entry of their names in the record of rights.

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In this view of the matter, this Court is not passing any order on merit but grants liberty to the petitioner to withdraw the writ petition on his prayer.

¶31

As such, the present writ petition stands dismissed as withdrawn with liberty granted to the petitioner that she may file application afresh stating all the facts and circumstances relating to heirs and legal representatives of late Chandradeep Singh before proper authority.

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(Dr. Anshuman, J)

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Divyansh/-

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Seema Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Seema Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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