Patna High Court
Rajnandan PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed for non‑prosecution due to the petitioner's failure to appear.
Summary
Petitioner Rajnandan Prasad filed a writ petition seeking a mandamus directing the State to stop payment of rent to respondent No.8, relying on a Bihar Land Tribunal judgment and a pending partition suit. The State argued that the issues should be raised in the pending civil suit rather than through a writ. No counsel appeared on behalf of the petitioner, while the State and respondent No.3 were represented. The Court noted the lack of appearance and the petitioner's failure to prosecute the petition. Consequently, the writ petition was dismissed for non‑prosecution.
Issues considered
- Whether a writ petition is maintainable when a related civil suit is pending.
- Whether the petitioner's failure to appear before the Court warrants dismissal for non‑prosecution.
Subjects
- writ petition
- mandamus
- non‑prosecution
- pending civil suit
- land acquisition
- rent payment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11324 of 2023
======================================================
Rajnandan Prasad S/o Deoki Lal, R/o Dariyapur, Mithanchak, P.S. Parsa
Bazar, Dist - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Patna, Bihar.
2. The Principal Secretary, Revenue and Land Reforms Department, Patna.
3. The Chief General Manager, Bihar State Road Development Corporation,
Sheikhpura, Patna.
4. The Director, the Land Acquisition Department, Patna.
5. The District Magistrate, Patna.
6. The Circle Officer, Phulwarisharif, Patna.
7. The Project Manager, the Afcons Infrastructure Limited, D-8, Sudha Home
Town Apartment, Pipra, Parsa Bazar Sampatchak Road, Patna.
8. Mrs. Anita Devi, W/o Mr. Sunil Kumar, resident of Jhaichak, P.S. - Persa
Bazar, Dist. - Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr. Raj Kishore Roy, GP-18
For the Resp. No.3 : Mr. P.K. Shahi, Sr. Advocate
: Mr. Manish Dhari Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 10-03-2026 No one appears on behalf of the petitioner though
State as also learned counsel for the Bihar State Road
Development Corporation is present.
2. The present petition has been preferred for the
grant of following relief(s):
“for direction/directions or order/orders or
writ or writs in the nature of mandamus to stop
the the payment of rent to respondent no.8 on the
Patna High Court CWJC No.11324 of 2023(2) dt.10-03-2026
2/2
basis of the judgment passed by the Bihar Land
Tribunal, Patna in BLT Case No. 714/2017 and
pendency of title partition suit no. 256/2010,
Civil Court, Patna.”
3. Learned State counsel submits that a Title Partition
Suit No. 256 of 2010 is pending before the learned Sub-Judge,
Patna and the petitioner should have raised all the points before
the said court instead the writ petition.
4. Be that as it may, since there is no appearance, the
writ petition is dismissed for non-prosecution.
(Rajiv Roy, J)
vinayak/-
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