Patna High Court
Md. Idrish AlamversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed for non‑prosecution.
Summary
Petitioner Md. Idrish Alam filed a writ petition in the Patna High Court seeking a mandamus directing the respondents to remove a boundary wall they had constructed on his land (Plot No. 114/269) and to pay compensation for the damage. He also requested a status‑quo order pending the hearing. No counsel appeared on behalf of the petitioner, while the State was represented by AAG‑12 S.D. Sanjay. The Court noted the absence of the petitioner’s representation and, after confirming that no appearance was made on the last occasion either, dismissed the petition for non‑prosecution. The dismissal was without any consideration of the substantive claims. The order was pronounced by Justice Rajiv Roy.
Issues considered
- What relief, if any, can be granted by a writ of mandamus for removal of a boundary wall constructed on the petitioner's land?
- Whether compensation for alleged damage can be awarded in the absence of a substantive hearing?
- Whether the petition can proceed when the petitioner fails to appear before the Court.
Subjects
- writ petition
- mandamus
- boundary wall
- land dispute
- non‑prosecution
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13287 of 2014
======================================================
Md. Idrish Alam son of Rafique Alam resident of village - Chakand
Chamerdih Police Station Chandauti, District - Gaya Bihar.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The District Magistrate, Gaya.
4. D.R.D.C. Sadar, Gaya
5. Circle Officer, Chandauti Town, Circle Gaya.
6. Circle Inspector, Chandauti Circle, Gaya.
7. K.C. Chakand Chamerdih Panchayati Town Circle, Chandauti Gaya.
8. Amina Khatoon wife of late Raif Thikedar Resident of Panchayati Akhara,
P.S. Kotwali, Distt - Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr. S.D. Sanjay, AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 19-01-2026 No one appears on behalf of the petitioner though
State is present.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of a writ in the nature
of mandamus and/or any other appropriate writ,
order or direction/directing the respondents to
remove the boundary wall from Plot No. 114/269
New Khata 27/1d/86 Nre, Area 28 1/22 decimal
wherein, whereby the respondent has illegally
Patna High Court CWJC No.13287 of 2014(3) dt.19-01-2026
2/2
constructed the boundary wall over the land and
further prays to pay compensation of damage
whatsoever done by the respondent and others
emoluments of the petitioner for which he is
entitled accordance with law.
(ii) that the petitioner further prays to
maintain the status-quo till hearing of this writ
application.”
3. On the last occasion also, there was no appearance.
4. Accordingly, the writ petition is dismissed for non-
prosecution.
(Rajiv Roy, J)
vinayak/-
U
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