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2026 DAILYLAW 36267 (PAT)

Bhagwan Prasad Singh v. The State Of Bihar and Ors

CWJC/3038/2018 · 2026-02-03

Rajiv Roy

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 3038 of 2018 ====================================================== Bhagwan Prasad Singh Son of Late Krishndeo Singh, Resident of Village and P.O.- Gaighat, Police Station- Brhampur Block- Brhampur, District- Buxar. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Land and Reforms Department, Government of Bihar, Patna. 3. The Secretary, Revenue Department, Government of Bihar, Patna. 4. The District Collector, Buxar. 5. The Sub Divisional Officer, Dumraon, Distt- Buxar. 6. The Anchal Adhikari, Anchal Brahmpur, Dist- Buxar. 7. The Circle Inspector, Brahampur, Dist- Buxar. 8. The Halka Karmchari, Anchal, Brhampur, Dist- Buxar. 9. The Government Amin, Anchal- Brhmapur, Dist- Buxar. 10. Hare Ram Gode, Son of Late Jhalku Gode, 11. Satya Narain Gode, Son of Late Jhalku Gode, 12. Parsuram Gode, Son of Late Nagina Gode & 13. Mukhram Gode, Son of Late Nagina Gode, Sl. Nos. 10 to 13 is a resident of Village and Post Office- Gaighat, Police Station and Block- Brahampur, District- Buxar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Nil Kamal, Advocate For the Respondent/s : Mr.Sajid Salim Khan, SC-25 For respondent nos. 10 to 13 Mr. D.P.Tiwary, Advocate Mr. Braj Bhushan Mishra, Advocate Mr. Saurav Kumar Suman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 03-02-2026 Heard the parties. 2. The present petition has been preferred for the following relief/s: (i) for that issue an appropriate writ of writs, order or orders, direction or Patna High Court CWJC No. 3038 of 2018(3) dt.03-02-2026 2/4 directions,commanding to the respondents to protect the life and liberty and given protection of his little Raiyati land; (ii) for that issue a writ in the nature of certiorari, commanding the to the respondents and quash /setting a side the experty order dated 30.4.2017 passed in Case No.03/2017-18, passed by Anchal Adhikari, Brahampur, District-Buxar (respondent no.6 contained as Annexure-l to this petition); (iii) for that issue any appropriate writ and quash the impugned order dated 30.4.2017 passed in Case No. 03/2017-18 by the Anchal Adhikari Brahampur, District-Buxar, by which the raiyati land of petitioner of Mauja-Gaighat, Thana No.214, Anchal- Brahmpur District-Buxar of khata no.587,plot no.912 total Araji-33 decimal land and 29 decimal Land out of total Araji 33 decimal Land of petitioner given or issue a Parcha under Bihar Privileged Persons Patna High Court CWJC No. 3038 of 2018(3) dt.03-02-2026 3/4 Homestead tenancy Act, 1947 in favour of private respondents no.10 to 13 and each get 71/4 dec.land contained as Annexure-l to this petition; (iv) for that issue any appropriate writ, or writs in the nature of mandamus,commanding to the respondents to not interfere with the raiyats land of petitioner, and Mauja-Gaighat, Block- Brahampur, District-Buxar, Thans no.214, Khata no.587, Plot No.912, Araji-33 decimal and other land of petitioner; (v) for that restrain to the respondents to not interfere into peaceful physical possession over the lend of petitioner of Mauje Gaighat, Black-it shampur, thane no.214, khata no.557, Plot No.912 total Araji 33 decimal; (vi) for that stay the proceeding or operation of order dated 30.4.2017 passed in Case No. 03/2017-18 by the Anchal Adhikari, Brahampur (Respondent no.6) contained in Annexure-01 to this petition, till the disposal Patna High Court CWJC No. 3038 of 2018(3) dt.03-02-2026 4/4 of this wit application; (vii) for that direct to the respondent to dispose of the applications/representations of the petitioner contained as Annexure-5 series to this petition; (viii) for that according to any relief or reliefs which may deem fit and proper. 3. It has been informed by learned counsel for the respondent nos. 10 to 13 namely Brij Bhushan Mishra that the petitioner already is dead and no substitution petition has been filed. 4. This Court is of the view that the heirs have to approach the appropriate authority/police officials for the redressal of such grievance. No direction can be issued in this regard. 5. However, since the sole petitioner is no more, the writ petition is abated. Ravi/- (Rajiv Roy, J) U