DHOKAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners have filed the present writ petition under Articles 226 and 227 of the Constitution of India assailing the validity and correctness of order dated 30.8.1991(Annexure- 7) passed in Consolidation Revision case No. 1481 of 1988 by the respondent Joint Director of Consolidation, (Headquarter.), Bihar, Patna, whereby while setting aside the orders passed by the respondent Consolidation Officer, Belhar, Bhagalpur as also the respondent Assistant Director of Consolidation, Bhagalpur, claim of the petitioners with respect to the lands under dispute, bearing khata No. 89, khesra No. 2326, area 81 decimals, has been rejected and that of contesting respondent No.5 has been allowed.

(2.) DURING the pendency of the main writ petition, the contesting respondent No. 5 Dropad Pandti died on 2.5.2005 leaving behind his son Laxmi Pandit as his only heir and legal representative. Admittedly, deceased respondent No. 5 is the only contesting respondent in whose favour the impugned revisional order was passed and his claim over the lands under dispute has been accepted by the respondent Joint Director of consolidation (Headquarter), Bihar, Patna.

(3.) AFORESAID Interlocutory Application No. 7430 of 2012 was placed for consideration before a Bench of this court on 3.4.2013 whereafter notice was ordered to be issued to the proposed heir and legal representative of deceased respondent No.5. On receipt of the aforesaid notice, Laxmi Pandit @ Laxmi Kant Pandit, the son of the deceased respondent No.5 has entered appearance through his lawyer and filed a rejoinder affidavit opposing the prayer for substitution made on behalf of the petitioners by placing reliance on a judgment of the Hon'ble Apex Court in the case of Puran Sigh Vs. State of Punjab [ (1996) 2 SCC 205], as also an unreported judgment/order dated 16.7.2013 passed by this Court in C.W.J.C.No. 2864 of 1984 [ Sukh Bilas Roy & Ors. Vs. The State of Bihar & Ors].