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Patna High Court

Sangita PathakversusThe State of Bihar

Decided
Disposal
CONSIGNED

Holding

Non‑compliance with a peremptory order justifies dismissal of the writ petition.

Summary

Sangita Pathak filed a civil writ petition against the State of Bihar and several land‑reform officials seeking redress for a defect in land records. The High Court, on 14 July 2025, issued a peremptory order granting the respondents eight weeks to remove the defect. The respondents failed to comply with this order within the stipulated period. Accordingly, the Court dismissed the petition on 8 September 2025. The judgment was delivered by Justice Rajiv Roy, who thereafter consigned the file.

Issues considered

  • Whether non‑compliance with a peremptory court order warrants dismissal of the writ petition
  • Whether the petitioner's relief can be granted despite the defect not being removed

Subjects

  • peremptory order
  • dismissal
  • civil writ jurisdiction
  • land reforms
  • defect removal

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Civil Writ Jurisdiction Case No.10977 of 2025
                     ======================================================
                     Sangita Pathak Wife of Late Ramesh Chandra Pathak and daughter of Late
                     Yotindra Shukla, resident of village- Laukar Police Station and Anchal -
                     Mainatand District- West Champaran Pin Code- 845306 and also at 201, Ward
                     No. - 4, Bairiya Narkatiyaganj Maldi, Post Office- Maldi, District- West
                     Champaran Pin Code- 845451.
                                                                                ... ... Petitioner/s
                                                        Versus
                1.    The State of Bihar through Principal Secretary, Department of Revenue and
                      Land Reforms, Old Secretariat Patna- 800015.
                2.   The District Collector, Bettiya District- West Champaran.
                3.   The Additional Collector (Ceiling), Bettiya within District- West
                     Champaran.
                4.   The Deputy Collector, Land Reforms, Narkatiyaganj, within District - West
                     Champaran.
                5.   The Circle Officer, Mainatand, within District - West Champaran.
                6.   Rampariksha Rai, Son of Late Badri Prasad Ray Resident of village- Laukar
                     Police Station and Anchal - Mainatand District- West Champaran Pin Code-
                     845306 and also at Village- Akhanpur Police Station - Kandharapur, Janpad-
                     Azamgarh Uttar Pradesh - 276135.
                7.    Damin Verma Wife of Ashok Kumar Verma, resident of village- Murilya
                      Tola, Hari Nagar, Police Station - Ram Nagar, District- West Champaran-
                      845103.
                                                                             ... ... Respondent/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s   :       Mr. Santosh Kumar Singh, Adv.
                     For the Respondent/s   :       Mr. Addl. Advocate General (12)
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                           ORAL ORDER
3    09-02-2026                       In this case, on 14.07.2025, eight weeks’ time was

                       granted to remove the defect.

                                   2. As it was a peremptory order and not complied, stood

                       dismissed on 08.09.2025.

                                   3. Perused the file, consigned.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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