Deo Narayan Paswan @ Dallu Paswan Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Deo Narayan Paswan @ Dallu Paswan Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the heirs of the sole petitioner (deceased during pendency) to prefer a petition, if they so want; the substantive prayers (quashing of the BLT order dated 21.11.2014 and the consequential Jamabandi cancellation order dated 18.07.2017) were not adjudicated.

Issue for consideration

Whether an appropriate writ should issue against the respondent authorities, who are alleged to have acted against the provision of Law and illegally, erroneously, arbitrarily and collusively, so as to set aside the order dated 21.11.2014 passed in BLT case no.-74 of 2013 and the consequential order dated 18.07.2017 passed in Jamabandi cancellation case no.-223 of 2017, with directions not to disturb the petitioner's cultivating possession and not to interfere with the Jamabandi of the disputed land. (Raised in the prayer clause; not adjudicated by the Court.) +1 more

Ratio / Principle

Liberty was granted to the heirs of the sole petitioner, who had died during the pendency of the writ petition, to prefer a petition, if they so want.

Key takeaways

The writ petition stands disposed of as the sole petitioner is now no more.ratio¶36

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J), oral order dated 24-06-2025 in Civil Writ Jurisdiction Case No.19410 of 2017 — Deo Narayan Paswan @ Dallu Paswan v. The State Of Bihar and others. The petition prayed for setting aside the order dated 21.11.2014 passed in BLT case no.-74 of 2013 by the then ld. Chairman of the Bihar Land Tribunal, Bihar (Annexure-6) and the consequential order dated 18.07.2017 passed in Jamabandi cancellation case no.-223 of 2017 (Annexure-8), and for directions protecting the petitioner's cultivating possession and Jamabandi over the disputed land. Learned counsel for the petitioner submitted that during the pendency of the petition the sole petitioner had died and sought liberty for the heirs to prefer a petition if they so wanted; the State raised no objection. Granting said liberty to the heirs, the writ petition stood disposed of, the sole petitioner being no more. The substantive prayers were not adjudicated. No statute or precedent was cited in the order.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19410 of 2017

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

Deo Narayan Paswan @ Dallu Paswan Son of Late Baldev Paswan resident of Village - Sundari, P.O. - Pahusi, P.S. - Kursakanta, District - Araria.

... ... Petitioner/s

Versus

The State Of Bihar

The District Magistrate cum Collector, Araria.

The Additional District Magistrate, Araria.

The Deputy Collector, Land Reforms, Araria.

The Anchal Adhikari, Kursakanta, Araria.

Sri Ram Prasad Mandal @ Tatma Son of Late Tuppan Mandal resident of village - Rajoula, P.O. Sonamani Gudam, P.S. - Kursakanta, District - Araria.

The Chairman, Bihar Land Tribunal, Patna, Bihar.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Shiv Shankar Sah, Advocate For the Respondent/s : Mr.Md.Khurshid Alam, AAG-12 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 24-06-2025 Heard the parties.

2.The present petition has been preferred for the

following relief/s:

(i) for issuance of an appropriate writ or writs, order or orders, command or commands, direction and directions, against the respondent authorities who have acted against the provision of Law and illegally, erroneously arbitrarily, collusively passed the order

Patna High Court CWJC No.19410 of 2017(2) dt.24-06-2025

2/3

dated 21.11.2014 passed in BLT case no.-74 of 2013, passed by the then ld. Chairman of the said BLT, Bihar against the petitioner and hence it requires to set aside the order impugned dated 21.11.2014 (Amexure6) and its consequential order dated 18.07.2017(Annexure-8) passed in Jamabundi cancellation case no-223 of 2017, for the ends of justice;

(ii) for set aside the impugned order dated 21.11.2014 passed in BLT case no.-74 of 2013, passed by the Id. Chairman of the said BLT Bihar, Patna. (Annexure-6);

(iii) for also set aside the consequential order dated 18.07.2017 passed in the Jamabandi cancellation case no.-223 of 2017, for compliance (Annex-8);

(iv) for direction to the concerned authority or authorities to not disturb the peaceful cultivating physical

Patna High Court CWJC No.19410 of 2017(2) dt.24-06-2025 3/3

possession of the petitioner over the land in question;

(v) for direction to the concern authority or authorities to not conceal the Jamabandi of the disputed land in question;

(vi) for any other relief or relives for which the petitioner is entitle.

Learned counsel for the petitioner submits that

during the pendency of the petition, the sole petitioner has died and as such the heirs be granted liberty to prefer petition, if they so want.

The State has no objection.

Granting said liberty to the heirs, the writ petition

stands disposed of as sole petitioner is now no more.

(Rajiv Roy, J)

Ravi/-

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