Patna High Court
Mani Kant Choudhary and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The petition was dismissed for non‑compliance with the peremptory order, but leave was granted to file a restoration petition.
Summary
The petitioners, sons of the late Ram Prakash Choudhary, filed a writ petition in the Patna High Court seeking a certiorari to quash an order dated 14‑12‑2015 issued by the Anchal Adhikari Rosera that directed issuance of an amended Basgit Purcha in favour of Lukhiya Devi, and also sought a mandamus directing the respondents not to execute that order and to maintain the status‑quo pending the pending title suit (Suit No. 261/2015). The petition further requested any other appropriate reliefs. The Court observed that the order of the Anchal Adhikari was peremptory and that the petitioners had failed to comply with the stipulated time limit, leading to the dismissal of the petition on 24‑11‑2025. Nonetheless, the Court allowed the petitioners to file a fresh petition for restoration of the proceedings. The matter was consigned to the file for further action.
Issues considered
- Whether the order dated 14‑12‑2015 issuing an amended Basgit Purcha in favour of Lukhiya Devi should be quashed.
- Whether a writ of mandamus should be issued to restrain execution of the impugned order and to maintain status‑quo pending the title suit.
- Whether the petitioners’ failure to comply with the peremptory order warrants dismissal of the writ petition.
Subjects
- certiorari
- mandamus
- Basgit Purcha
- title suit
- peremptory order
- restoration petition
- high court
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15144 of 2016
======================================================
1. Mani Kant Choudhary and Ors
2. Phulendra Kumar Choudhary.
3. Bipin Kumar Choudhary. All sons of Late Ram Prakash Choudhary,
Resident of village Pauri, P.S. Bahera, District Darbhanga.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector, Samastipur.
3. The Land Reforms Deputy Collector, Rosera, Samastipur.
4. The Anchal Adhikari Rosera, Samastipur.
5. The Circle Officer Rosera, Samastipur.
6. Lukhiya Devi wife of Late Baue Paswan @ Baue Lal Paswan.
7. Nunu Lal Paswan.
8. Ram Chandra Paswan.
9. Bhullar Paswan.
10. Dilip Paswan. All sons of Late Baue Lal Paswan.
11. Rajiv Paswan.
12. Mahavir Paswan.
13. Phulo Paswan. All three Sons of Late Anik Paswan.
14. Most Lal Muni Devi wife of Late Ramdeo Paswan.
15. Sheela Paswan.
16. Saroj Paswan.
17. Lallu Paswan.
18. Manoj Paswan All sons of Late Ramdeo Paswan. All residents of village
P.O. Bhirha P.S. Rosera District Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lovekush Kumar, Advocate
For the Respondent/s : Mr. Raj Kishore Roy- Gp18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 12-01-2026 Heard the parties.
2. The present petition has been preferred for the
Patna High Court CWJC No.15144 of 2016(4) dt.12-01-2026
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following relief(s):
“(a) for issuance of appropriate
writ/order/direction including writ in the nature of
certiorari for quashing the order dated 14.12.2015
passed by the Anchal Adhikari Rosera in Basgit
purcha case no.1/2015 (Annexure-3) by which he
has ordered to issue amended Basgit purcha which
is the part of Basgit Purcha case no.99/83-84 in
favour of Most. Lukhiya Devi (Respondent no. 6).
(b) For issuance of writ of mandamus
directing the Respondents not to execute the
impugned order dated 14.12.2015 passed by the
Anchal Adhikari and to maintain the position of
Status Quo as on today till disposal of title Suit no.
261/2015 pending in the Court of Civil Judge
(Senior Division) Resera Samastipur between the
parties in respect of the lands in question.
(c) To issue/pass other any writ/writs,
direction/directions, order/orders as your lordships
may deem fit and proper.”
3. In this case, jointness petition was to be filed with
respect to respondent nos. 15 to 18 with respondent no. 13
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pursuant to the order dated 13.10.2025.
4. As it was a peremptory order and the compliance
was not made within time, it got dismissed on 24.11.2025.
5. Allowing the petitioner to file an appropriate
petition for restoration, the file stands consigned.
(Rajiv Roy, J)
Adnan/-
U
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