Patna High Court - Orders
Sanjeev Kumar Bharti @ Ramanand Yadav & ... vs The State Of Bihar & Ors on 4 September, 2017
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2351 of 2012
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1. Sanjeev Kumar Bharti @ Ramanand Yadav & another
.... .... Petitioner/s
Versus
1. The State of Bihar & ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Respondent/s : Mr. Girija Shankar Pd, GP-1
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
18 04-09-2017I.A. No. 1314 of 2017 has been filed for substitution of legal heirs of respondent no. 7, namely, Madhurendra Kumar Singh @ Chunnu Prasad Singh who is said to have died on 17.09.2016 leaving behind legal representatives as mentioned in para 2 of the aforesaid interlocutory application. The notices upon legal representatives of deceased respondent no. 7 have already been served. No one appears to raise objection in respect of above stated substitution. Accordingly, I.A. No. 1314 of 2017 stands allowed and it is ordered that the name of the respondent no. 7 be expunged and in his place, his legal representatives as mentioned at para 2 of the aforesaid interlocutory application be substituted.
I.A. No. 1315 of 2017 has been filed for substitution of deceased respondent no. 8, Brihaspati Rishi who is said to have died on 25.10.2014, leaving behind his legal representatives as Patna High Court CWJC No.2351 of 2012 (18) dt.04-09-2017 2/4 mentioned in para 2 of the aforesaid application.
Notices upon legal representatives of the deceased respondent no. 8 have already been served but no one appears to raise any objection regarding the substitution of legal representatives of deceased respondent no. 8.
Accordingly, I.A. No. 1315 of 2017 stands allowed and it is ordered that the name of respondent no. 8 be expunged and in his place, his legal representatives be substituted.
I.A. No. 1316 of 2017.
The above stated application has been filed for substitution of legal representative of deceased respondent no. 12 Nandan Rishi, who is said to have died on 02.03.2015, leaving behind his legal representatives as mentioned in para 2 of the aforesaid interlocutory application. The notices upon proposed legal representatives have already been served but none appears to raise any objection.
Accordingly, I.A. No. 1316 of 2017 is allowed and it is ordered that the name of the deceased respondent no. 12 be expunged and in his place, his legal representatives as mentioned in para 2 of the above stated interlocutory application be substituted.
I.A. No. 1317 of 2017 and I.A. No. 1319 of 2017 have Patna High Court CWJC No.2351 of 2012 (18) dt.04-09-2017 3/4 been filed for substitution of legal representatives of deceased respondent no. 13, Domi Rishi, who is said to have died on 15.05.2013, leaving behind his legal heirs as mentioned at para 2 of the above stated interlocutory application. Notices to proposed legal representatives of deceased respondent no. 13 have already been served.
I.A. No. 1319 of 2017 has been filed for setting aside the order dated 07.04.2016 passed in this writ petition by which this court directed for abatement of this petition against respondent no. 13 due to failure of compliance of peremptory order of this court. However, in view of the facts pleaded in I.A. No. 1319 of 2017, the above stated order dated 07.04.2016 is set aside.
Accordingly, I.A. No. 1317 of 2017 stands allowed and it is ordered that name of the deceased respondent no. 13 be expunged and in his place, his legal representatives as mentioned in para 2 of the aforementioned interlocutory application be substituted. In the aforesaid manner I.A. No. 1317 of 2017 and I.A. No. 1319 of 2017 stands disposed of.
I.A. No. 1318 of 2017 has been filed on behalf of the petitioners praying therein to permit them to amend in para 1 of the writ petition adding the prayer for quashing the order dated 3.3.1992 so-that petitioners could challenge the order dated Patna High Court CWJC No.2351 of 2012 (18) dt.04-09-2017 4/4 03.03.1992 passed by Land Reform District Collector, Purnia in Land Ceiling Case Record Case No. 67 of 1991-92.
Learned counsel appearing for petitioners submits that aforesaid I.A. No. 1318 of 2017 be kept on record so that petitioners may move the aforesaid interlocutory application at time of hearing on the point of admission.
List this matter under the appropriate heading.
khushbu/- (Hemant Kumar Srivastava, J) U