Maheshwar Prasad Singh and Anr. v. The State Of Bihar and Ors.

Patna HC9 Jan 2025CWJC/8669/2014

Case brief

AI extract

What is this about?

Patna High Court CWJC 8669/2014; order dated 09-01-2025; Justice Sunil Dutta Mishra; land acquisition; notification dated 17.12.2013; Department of Land Revenue Development; 71 acres; village Garhpura; Pargana Bhsari; District Begusarai; certiorari; writ petition disposed with liberty; substitution of heirs/legal representatives; I.A. No. 01 of 2023; death of Petitioner No. 1 during pendency; Vakalatnama; State of Bihar unopposed; no merits adjudicated; no case law cited.

What did the court decide?

Disposal with liberty to the petitioners to move the appropriate authority/Court for redressal of their grievance; heirs/legal representatives of the deceased Petitioner No. 1 substituted pursuant to I.A. No. 01 of 2023. ¶¶34

Maheshwar Prasad Singh and Anr. Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8669 of 2014

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Maheshwar Prasad Singh, Son of Late Rana Pratap Singh,

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Lalit Kumar Singh, son of Late Rajendra Prasad Singh, Both resident of Village- Garhpura, P.S. Garhpura, District- Begusarai

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Principal Secretary, Land Revenue Development Department, Government of Bihar, Patna

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The District Collector, Begusarai

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The Sub-Divisional Magistrate, Begusarai

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The Circle Officer, Garhpura, District- Begusarai

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The Mukhiya, Gram Panchayat Raj, Garhpura, Block- Garhpura, DistrictBegusarai

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Prakash Kumar, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-6

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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4 09-01-2025

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Re:- I.A. No. 01 of 2023

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This Interlocutory Application has been filed for substitution of heirs/ legal representatives of Petitioner No. 1 who died during pendency of the proceeding leaving behind his heirs/ legal representatives as stated in para 2 of the application. The application is supported with the affidavit. Learned counsel for petitioners submits that Vakalatnama on behalf of heirs/ legal representatives of Petitioner No. 1 has already been filed.

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Patna High Court CWJC No.8669 of 2014(4) dt.09-01-2025 2/3

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There is no objection to this Interlocutory

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Application.

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Having heard the learned counsels for the parties and considering the averments made in the application, I.A. No. 01 of 2023 is allowed. Let the name of heirs/ legal representatives of Petitioner No. 1 as stated in para 2 of the application be substituted in his place.

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In re:- C.W.J.C. No. 8669 of 2014

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Heard learned counsels for the parties.

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The present writ petition has been filed for issuance of an appropriate writ in the nature of CERTIORARI to quash the notification dated 17.12.2013 issued by the Department of Land Revenue Development by which 71 Acres land situated at village- Garhpura, ParganaBhsari of the District Begusarai has been acquired without compliance of the provisions of the Land Acquisition Law.

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Learned counsel for the petitioners submits that this case may be disposed of with liberty to the petitioners to move the petition before the appropriate authority/ Court for redressal of their grievance.

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