Patna High Court

Atyanand Mishra,versusThe State of Bihar

Decided: 21 April 2026
Disposal: CONSIGNED
Bench: RAJIV ROY

Holding

The petition for mandamus is dismissed because the petitioner failed to remove the defects within the time granted, thereby precluding the issuance of the writ.

Summary

The petitioners sought a writ of mandamus directing the execution of a decree of the L.R.D.C. Nawagachia, Bhagalpur, relying on a prior High Court order dated 27-11-2007 and subsequent revisional orders. The court granted the petitioners three weeks on 15-09-2025 to remove identified defects in the petition, making the order peremptory. The petitioners failed to comply with the defect‑removal requirement, and consequently, the petition was rejected on 07-10-2025. The court examined the file and found no merit in issuing mandamus as the procedural prerequisite was not satisfied. Accordingly, the petition was dismissed for non‑compliance with the court’s directions. The order was pronounced by Justice Rajiv Roy on 21-04-2026.

Issues considered

Whether a writ of mandamus can be issued for the execution of a decree of the L.R.D.C. when the petition contains procedural defects.
Whether failure to remove the defects within the time fixed by the court bars the grant of the writ.

Subjects

mandamus
execution of decree
civil writ jurisdiction
defect removal
procedural compliance
Civil Procedure Code

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.14521 of 2025
     ======================================================
1.    Atyanand Mishra, son of Late Dukha Mishra, resident of Village Saidpur,
      Police Station -Gopalpur, District - Bhagalpur.
2.   SudhirMishra, sons of Late Chhedi Mishra, resident of Village Saidpur,
     Police Station - Gopalpur, District - Bhagalpur.
3.   Janmjay Kumar, sons of Late Chhedi Mishra, resident of Village Saidpur,
     Police Station - Gopalpur, District - Bhagalpur.
4.   Vijay Kumar Mishra, sons of Late Chhedi Mishra, resident of Village
     Saidpur, Police Station - Gopalpur, District - Bhagalpur.

                                                               ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Secretary, Revenue and Land Reforms, Patna.
2.   The District Magistrate, Bhagalpur.
3.   L.R.D.C., Navgachhia, Bhagalpur.
4.   C.O., Gopalpur, Bhagalpur.
5.   Ganesh Prasad Singh Son of Late Mahadeo Prasad ingh. residents of village-
     Chaparghat, P.S- Gopalpur, District- Bhagalpur.
6.   Vakil Singh, son of Late Hari Prasad Singh. residents of village- Chaparghat,
     P.S- Gopalpur, District- Bhagalpur.
7.   Widov Sumitra Devi, W/o Late Yogendra Prasad Singh, residents of village-
     Chaparghat, P.S- Gopalpur, District- Bhagalpur.
8.   Rajendra Singh, son of Late Hari Pasad Singh. residents of village-
     Chaparghat, P.S- Gopalpur, District- Bhagalpur.
9.   Jai Prakash Singh son of Late Hari Prasad Singh residents of village-
     Chaparghat, P.S- Gopalpur, District- Bhagalpur.
10. Subodh Singh, son of Lat Dahu Prasad Singh. residents of village-
    Chaparghat, P.S- Gopalpur, District- Bhagalpur.
11. Pramod Singh, son of Late Dahu Prasad Singh. residents of village-
    Chaparghat, P.S- Gopalpur, District- Bhagalpur.
12. Mohan Prasad Singh, Son of Late Dahu Prasad Singh. residents of village-
    Chaparghat, P.S- Gopalpur, District- Bhagalpur.
13. Prahalad Singh, Son of Late Dahu Prasad Singh. residents of village-
    Chaparghat, P.S- Gopalpur, District- Bhagalpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Ashok Kumar Singh
     For the Respondent/s   :      Mr.Standing Counsel (16)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
          Patna High Court CWJC No.14521 of 2025(3) dt.21-04-2026
                                                     2/2




                                                   ORAL ORDER

3    21-04-2026                   Heard the parties.

                                2. The present petition has been preferred for the

                    following relief/s:

                                            (i) for issuance of a writ in this nature of

                                            Mandamus for Execution of Decree of the

                                            Court of L.R.D.C Nawagachia, Bhagalpur in

                                            the light of order/ judgement of the Hon'ble

                                            High Court Patna dated 27.11.2007 as well

                                            as    other     orders/judgment   of   learned

                                            Revisional Court below.

                                3. On 15.09.2025, three weeks’ time was granted to

                    remove the defect(s) and the order was peremptory.

                                4. As the same was not complied, it stood rejected on

                    07.10.2025.

                                5. Perused the file, consigned.



                                                  (Rajiv Roy, J)
Ravi/-

U

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