Patna High Court

Laxmi MandalversusThe State Of Bihar and Ors

Decided: 31 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: RAJIV ROY

Holding

The writ petition is dismissed for non‑prosecution.

Summary

Laxmi Mandal filed a civil writ petition in the Patna High Court seeking to quash an order dated 9 April 2014 of the Bihar Land Tribunal and a subsequent order of the Commissioner rejecting his appeal against a land dispute order. The petition alleged that the orders were passed on erroneous, mala fide and confused grounds without consideration of relevant facts. The petition was initially dismissed for non‑prosecution on 10 November 2016, later restored on 16 October 2017, but no party appeared before the court on the present hearing dated 31 January 2026. The court noted the continued absence of the petitioner and, invoking procedural rules, dismissed the writ petition for non‑prosecution. Consequently, the orders of the Land Tribunal and the Commissioner remain undisturbed.

Issues considered

Whether a civil writ petition may be dismissed for non‑prosecution when the petitioner fails to appear.
Whether the petitioner is entitled to relief of quashing the Land Tribunal and Commissioner orders in the absence of substantive hearing.

Subjects

civil writ jurisdiction
land dispute
non‑prosecution
quashing order
Bihar Land Tribunal
procedural default

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.14317 of 2014
                 ======================================================
                 Laxmi Mandal son of Late Basudeo Mandal resident of village - Harmuri, P.S.
                 Banmankhi, P.O. Rasadh, Anchal - Banmankhi, District - Purnia
                                                                           ... ... Petitioner/s
                                                   Versus
           1.     The State Of Bihar
           2.    The Bihar State Bhudah Yagya Committee, Kadamkuan, Patna - 3
           3.    The District Magistrate, Purnea
           4.    The Commissioner, Purnea Division, Purnea
           5.    The Deputy Collector Land Reforms, officer Banmankhi, Purnea, District -
                 Purnea
           6.    The Sub - Divisional Officer, Banmankhi, District - Purnea
           7.    The Circle Officer, Banmankhi, Anchal - Banmankhi, District - Purnea
           8.    The Officer, Minister Secretary District Bhudan Yagya Officer, Ranipatra
                 Purnea , District -
           9.    Mithilesh Kumar Jha S/o Late Niranjan Jha @ Hira Jha
           10. Kaushalesh Kumar Jha S/o Late Niranjan Jha @ Hira Jha
           11. Binay Kumar Jha S/o Late Niranjan Jha @ Hira Jha
           12. Niraj Kumar Jha S/o Late Niranjan Jha @ Hira Jha All respondents No. 9 to
               12 are resident of village and Post - Kajhi, P.S. Banmankhi, District -
               Purnea, Pin 854202
           13. Kasturi Mandal S/o Late Batahan Mandal resident of village - Harmuri, P.S.
                Banmankhi, P.O. Rasadh, Anchal - Banmankhi, District - Purnia, PIN
                854202
                                                                      ... ... Respondent/s
               ======================================================
                 Appearance :
                 For the Petitioner/s     :      None
                 For the Respondent/s     :      Mrs. Alka Verma, Advocate
                                          :      Mr. Rajni Kant Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   31-01-2026                   No one appears on behalf the petitioner though State

                   as also Bhoodan Yagna Committee is present.

                               2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “for quashing and setting aside the

                                        order dated 09.04.2014 passed by the Chairman

                                        of the Bihar Land Tribunal, Patna in B.L.T. Case
            Patna High Court CWJC No.14317 of 2014(3) dt.31-01-2026
                                                       2/2




                                         No. 10/2022 by which setting aside the order

                                         dated 12.09.2012 passed by the Commissioner,

                                         Purnea Division, Purnea in Land Dispute

                                         Appeal      No.     144      of   2011.    The    learned

                                         Commissioner, by the impugned order, had

                                         rejected the appeal filed by the petitioner

                                         challenging the order dated 20.10.2011, passed

                                         by    the    Deputy       Collector,      Land   Reforms,

                                         Banmankhi, Purnea in Land Dispute Case No.

                                         38/ 2011-12 by which the prayer of the petitioner

                                         has been rejected on erroneous and malafide and

                                         confused ground without considering all relevant

                                         facts and circumstances of this case.”

                                  3. This writ petition was earlier dismissed for non-

                      prosecution on 10.11.2016, the got restored on 16.10.2017 vide

                      MJC No. 4104 of 2016 but today on call again, there is no

                      appearance.

                                  4. Accordingly, the writ petition is dismissed for non-

                      prosecution.



                                                     (Rajiv Roy, J)
vinayak/-

U

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