Patna High Court
Binay BardhanversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The petition was dismissed because the petitioner did not comply with the court‑ordered deadline to rectify defects.
Summary
The petitioner, Binay Bardhan, filed a writ petition seeking certiorari to quash several orders issued by the Bihar Land Tribunal, the Collector, the District Magistrate and other officials concerning land mutation matters, and also requested a stay on the Tribunal's order dated 17-06-2025. The court granted the petitioner four weeks on 18-08-2025 to rectify identified defects in the petition, but the petitioner failed to comply. Consequently, the petition was rejected on 15-09-2025. The judge noted the procedural lapse, perused the file and consigned the matter, effectively dismissing the petition. No substantive merits of the orders were examined, and the reliefs were denied due to procedural default.
Issues considered
- Whether the orders of the Bihar Land Tribunal and other officials can be quashed by a writ of certiorari.
- Whether the petitioner's failure to remove procedural defects within the stipulated time warrants dismissal of the writ petition.
- Whether a stay of the Tribunal's order dated 17-06-2025 should be granted.
Subjects
- writ jurisdiction
- certiorari
- land tribunal
- mutation
- stay order
- procedural default
- civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12974 of 2025
======================================================
Binay Bardhan Son of Late Surendra Narayan Yadav, Resident of Village-
Itarhi, P.S.-Ghailarh, District-Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The District Magistrate, Madhepura.
3. The Additional Collector, Madhepura.
4. The Deputy Collector, Land Reforms, Madhepura.
5. The Circle Officer, Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Vishoka Nand, Advocate
For the Respondent/s : Ms. Dimpal Kumari, AC to GP-11
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 02-02-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of writ in the nature of
Certiorari to quash the order dated
17.06.2025 passed by Ashok Kumar
Chouhan, Member Administrative, the Bihar
Land Tribunal, Patna in B.L.T. Case No.117
of 2022 (Annexure-9) and also quash the
order dated 15.05.2020 (Annexure- P/8 )
passed in Mutation Revision Appeal
No.4/2016 by Collector cum District
Patna High Court CWJC No.12974 of 2025(3) dt.02-02-2026
2/2
Magistrate, Madhepura affirming the order
dated 09.10.2014 of Additional Collector,
Madhepura and also set aside the order
dated 22.09.2012 (Annexure-P/series) of
D.C.L.R. Madhepura in Case No.1/2012-13
and further prayer is to affirm the order
dated 28.09.2011 (Annexure-2) Series
passed by the Circle Officer, Ghailarh in
Mutation Case No.24/2011-12;
(ii) further prayer is to stay the operation of
order dated 17.06.2025 passed by Hon'ble
Tribunal, Patna.
2. On 18.08.2025, four weeks’ time was granted to
remove the defect(s) and the order was peremptory.
3. As the same was not complied, it stood rejected on
15.09.2025.
4. Perused the file, consigned.
(Rajiv Roy, J)
Ravi/-
U
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