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Patna High Court

Rajnandan PrasadversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

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/-

U


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