Patna High Court
Ram Vilash Prasad Singh @ Ram Bilash Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed for non‑prosecution, with liberty granted to the petitioner to approach the Collector/Additional Collector.
Summary
The petitioner filed a writ petition in 2023 seeking to quash a 2015 order of the Deputy Collector Land Reforms that had itself set aside a 2015 mutation order. The State argued that the petitioner had an alternative remedy before the Collector or Additional Collector of the district and highlighted the eight‑year delay in filing the petition. No counsel appeared on behalf of the petitioner, and the Court noted the lack of prosecution. Consequently, the High Court dismissed the writ petition for non‑prosecution and directed the petitioner to approach the Collector/Additional Collector for relief. The order was pronounced by Justice Rajiv Roy.
Issues considered
- What is the appropriate remedy for the petitioner against the order of the Deputy Collector Land Reforms?
- Can a writ petition be entertained despite an eight‑year delay and absence of petitioner’s representation?
Subjects
- writ jurisdiction
- mutation appeal
- non‑prosecution
- delay
- alternative remedy
- land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15324 of 2023
======================================================
Ram Vilash Prasad Singh @ Ram Bilash Prasad Singh S/o Late Ishwar Mahto
@ Ishavr Prasad Kevai, Resident of Village-Kewai, (Jaitipur), P.S. Chandi,
District-Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Revenue and Land Reforms
Department, Government of Bihar, Patna.
2. The Collector, Biharsharif, Nalanda.
3. The Additional Collector (Land Reforms, Bihar, Patna).
4. The Deputy Collector (Land Reforms), Bihar Sharif, Nalanda.
5. The Circle Officer, Noor Sarai, Bihar Sharif, Nalanda.
6. Ramakant Prasad Mahto, son of Late Murat Prasad, resident of Vilalge-
Koklak Chak, P.S.-Noor Sarai, District-Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr. Sajid Salim Khan, SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-04-2026 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):
“for writ, writ(s), order, order(s), direction,
direction(s) for quashing the order dated
19.08.2015 passed in Mutation Appeal No.
12/2015-16 by the learned court of Deputy
Collector Land Reform, Bihar Sharif. Patna
whereby and where under the learned court was
Patna High Court CWJC No.15324 of 2023(2) dt.28-04-2026
2/2
pleased to quash the order dated 26.03.2015
passed in Mutation Case No. 1441/2014-15 and
to grant any other relief / reliefs on which
petitioner may found entitled in accordance with
law.”
3. Learned State counsel submits that against the
order passed by the D.C.L.R., Bihar Sharif, Nalanda, the
petitioner has remedy before the Collector/Additional Collector
of the district.
4. He further has taken this Court to order to show
that it has been passed on 19.08.2015 but the writ petition has
been filed eight years later in the year 2023.
5. Be that as it may, since there is no appearance, the
writ petition is dismissed for non-prosecution granting liberty to
the petitioner to approach the Collector/Additional Collector of
the district.
(Rajiv Roy, J)
vinayak/-
U
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