Patna High Court
Chhabila RamversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed for want of prosecution.
Summary
Chhabila Ram filed a writ petition seeking restoration of possession of his agricultural land, alleging dispossession by private respondents numbered 6 to 17. He also requested a restraining order against further interference and claimed the authorities' inaction was malicious, arbitrary, and illegal. No counsel appeared on behalf of the petitioner, although the State was present. The High Court noted the lack of prosecution of the petition. Consequently, the court dismissed the writ petition for want of prosecution.
Issues considered
- Whether the writ petition seeking restoration of possession and restraining orders is maintainable in the absence of prosecution
- Whether the alleged malafide and arbitrary actions of the authorities can be remedied by the court
Subjects
- possession
- land dispute
- writ jurisdiction
- want of prosecution
- restoration of possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11767 of 2018
======================================================
Chhabila Ram Son of Late Rajdeo Ram, resident of Village- Anchha, P.S.
Daudnagar, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Land Revenue Department, Patna.
3. The Collector, Aurangabad.
4. The Deputy Collector, Land Reforms, Aurangabad.
5. The Circle Officer, Daudnagar Circle, District- Aurangabad.
6. Birendra Kumar Singh, S/o Banshidhari Singh.
7. Uday Pratap Singh,
8. Ravindra Singh,
9. Yogendra Singh,
10. Anuj Kumar Singh. Respondent nos. 7 to 10 is sons of Rameshwar Singh.
11. Bachchu Lal Singh.
12. Jyotish Narayan Singh, Respondent nos. 11 and 12 is sons of Rameshwar
Singh, null
13. Bageshwar Singh,
14. Surjit Singh @ Jhunjhun Singh, Respondent nos. 13 and 14 is sons of Ram
Sewak Singh,
15. Ram Keshwar Ram, S/o Guru Charan Ram,
16. Ramadhar Ram, S/o Dular Ram,
17. Haridwar Ram, S/o Tikar Ram, Respondent nos. 6 to 17 are resident of
Village- Anchha, P.S.- Daudnagar, District- Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None.
For the Respondent/s : Mr.Dhurjati Kumar Prasad, GP-14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 16-02-2026 No one appears on behalf of the petitioner though
the State is present.
2. The present petition has been preferred for the
Patna High Court CWJC No.11767 of 2018(3) dt.16-02-2026
2/2
following relief/s:
(i) to restore the possession of the land to the
petitioner who is dispossessed from his land
at the instance of private respondent no.6 to
17;
(ii) the respondents be restrained from
interfere with the agricultural land of the
petitioner;
(iii) for holding that the impugned non
taking steps for non-restoring the possession
of the petitioner's land to him is malafide,
arbitrary and illegal as also falls within the
teeth of direction of this Hon'ble Court.
3. For want of prosecution, the writ petition is
dismissed.
(Rajiv Roy, J)
Ravi/-
U
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