IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2496 of 2017 ======================================================

Md. Nabi Jan S/o Abdul Rahman Resident of Mohalla- Meena Bazar Panchayat Tapta, P.S.- Rahika , District- Madhubani.

... ... Petitioner/s Versus

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

2. The Bihar Land Tribunal Patna through its Administrative Member.

3. The Divisional Commissioner, Darbhanga Division, Darbhanga.

4. The Collector, Madhubani.

5. The Deputy Collector, Land Reforms Sadar, Madhubani.

6. Md. Kasim S/o late Manir resident of Village- Tharhesari, P.O.- Jagatpur, P.S. Rahika, District- Madhubani.

7. Most. Dukhani Devi W/o late Sikandar Ram Resident of Mohalla- Gadiyani, Chamartoli, Ward No. 11, P.O. P.S. Madhubani Town, District- Madhubani.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ratanakar Jha, Advocate : Ms. Prerna, Advocate For the State : Mr. Sajid Salim Khan, SC-25 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

4 10-02-2026 Heard Mr. Ratnakar Jha, learned counsel for the petitioner duly assisted by Ms. Prerna and learned counsel representing the State.

2. The present petition has been preferred for the grant of following relief(s):

“(i) to issue an appropriate order/s, direction/s including a writ preferably in the nature of CERTIORARI for quashing the order dated 21.08.2010 passed in Land Dispute Case No. 01/2010-11 filed by the private Respondent No.5 before the competent authority under the Bihar Land Dispute Resolution Act i.e. D.C.L.R. Sadar Madhubani whereby and where under aforesaid case was allowed in favour of the Private respondents No. 6 and the petitioner was directed to remove encroachment from the land measuring 7 Katha 4 dhur appertaining to Khata No. 508, Khesra No. 5907 situated in mauza Jagatpur within Rahika in the district of Madhubani and thereby dispossesses the said private Respondent No.6 from the aforesaid land and also canceled the Jamabandi No. 773/774 running the name of the petitioner.

(ii) to quash the order dated

29.11.2016 passed in B.L.T. Case No. 606 of 2014 passed by learned Administrative Member Bihar Land Tribunal Patna whereby and where under he has remanded back the aforesaid case to the Divisional Commissioner, Darbhanga Division, Darbhanga for hearing a fresh wherein both the petitioner and private respondent No. 6 and 7 are parties.

(iii) to any other relief/s to which the petitioner is entitled in the facts and circumstances of the case.”

3. It has been informed by learned counsel for the petitioner that the sole petitioner is no more and as such, liberty be grated to the heirs to move afresh if he/she/they so want.

4. Learned State counsel has no objection.

5. In that background, the writ petition is disposed of as abated in view of the fact that the sole petitioner is no more, granting liberty to the heirs to approach afresh, if he/she/they so want.

(Rajiv Roy, J)

vinayak/-

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