Patna High Court
Md. MohidversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The petition was dismissed for non‑prosecution due to the petitioner’s failure to appear or be represented.
Summary
The petitioner, Md. Mohid, filed a writ petition seeking a certiorari to quash the Collector's order dated 08-07-2008 that refused to reopen an original land‑ceiling case, and a mandamus directing the Collector to reopen the case where his land was declared surplus. No counsel appeared on behalf of the petitioner, while the State was represented. The High Court noted the absence of any representation for the petitioner. Consequently, the Court dismissed the petition for non‑prosecution, without addressing the merits of the reliefs sought. The order was pronounced by Justice Rajiv Roy.
Issues considered
- Whether the Collector's order refusing to reopen the land‑ceiling case can be quashed by a writ of certiorari.
- Whether the court can issue a writ of mandamus directing the Collector to reopen the land‑ceiling case.
Subjects
- land ceiling
- writ of certiorari
- writ of mandamus
- non‑prosecution
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1449 of 2015
======================================================
Md. Mohid Son of late Md. Yusuf Resident of village- Singhiyan sundar Tola
Chhappan, P.S. Bhawanipur, District- Purnea.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Collector, Purnea Dist., Purnea.
3. Most. Uma Devi wife of Late Shailendra Kumar singh. Resident of village-
Brahmgayani P.S Bhawanipur, District- Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Yogendra Pd. Sinha, AAG-7
Mr. Rajeev Kumar Sinha, AC to AAG-7
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 19-01-2026 No one appears on behalf of the petitioner though the
State is present.
2. The present petition has been preferred for the
following relief(s):
“I) For issuance of a writ of certiorari
or any other appropriate writ/ order/direction for
quashing the order dated 08.07.2008 in Misc.
Ceiling case no- 33 of 2007 passed by the collector
has refused to reopen the original Land ceiling
case no- 106/73-74, 111/74-75.
II) For issuance of a writ of mandamus
for commanding the respondent no.2 to reopen the
Patna High Court CWJC No.1449 of 2015(3) dt.19-01-2026
2/2
original land ceiling case in which the land of the
petitioner has wrongly been declared as surplus
land.
III) For issuance for grant of any other
relief or reliefs for which the petitioner may be
deemed entitled.”
3. Since there is no appearance on behalf of the
petitioner, the writ petition stands dismissed for non-
prosecution.
(Rajiv Roy, J)
Adnan/-
U
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