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Patna High Court

Binay BardhanversusThe State of Bihar

Decided
Disposal
CONSIGNED

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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