Patna High Court
Kamla RajbharversusThe State Of Bihar and Ors
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
Non‑compliance with a peremptory order to file a jointness petition results in dismissal of the petition.
Summary
The petitioner, Kamla Rajbhar, filed a writ petition seeking the quashing of three orders dated 05.06.2013, 20.01.2014 and another unspecified order, which restrained the second respondent from disturbing his peaceful possession. The High Court directed the parties to file a jointness petition within four weeks, a peremptory order intended to consolidate the proceedings. The petitioner failed to comply with this direction, and the Court noted the non‑compliance. Consequently, the Court dismissed the petition on 27.09.2025 for failure to obey the peremptory direction. The dismissal effectively upheld the earlier orders sought to be quashed, as the petition was not pursued further.
Issues considered
- Whether the orders dated 05.06.2013, 20.01.2014 and the order of the Member Land Tribunal can be quashed.
- Whether non‑compliance with a peremptory direction to file a jointness petition warrants dismissal of the writ petition.
Subjects
- quash order
- land dispute
- civil writ jurisdiction
- peremptory order
- jointness petition
- non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15484 of 2015
======================================================
Kamla Rajbhar Son of Nakharu Rajbhar Resident of village - Deokali, P.S.
Mohania, District - Kaimur
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The D.C.L.R., Mohania, Kaimur
3. The Commissioner, Patna Division, Patna
4. Santosh Kushwana Son of Late Shambhu Kushwaha
5. Murati Devi Wife of Late Shambhu Kushwaha Both resident of village -
Deokali, P.S. Mohania, District - Kaimur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chakravarti Singh, Advocate
For the State : Mr. Yogendra Pd. Sinha, AAG-15
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 19-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for quashing of orders (i) dated
05.06.2013 passed by D.C.L.R., Mohania in
Case No. 128 of 2011-12 whereby and where
under the petitioner's prayer that the Respondent
2nd set have been restrained from disturbing the
peaceful possession of the petitioner has been
rejected (ii) dated 20.01.2014 passed by
Commissioner, Patna in Land Dispute Appeal
Patna High Court CWJC No.15484 of 2015(4) dt.19-01-2026
2/2
No. 549 of 2013 (iii) dated passed by learned
Member Land Tribunal in B.L.T. Case No. 475 of
2014.”
3. In this case on 30.08.2025, direction was given for
filing jointness petition in next four weeks.
4. As it was a peremptory order and not complied, it
stood dismissed on 27.09.2025.
5. Perused the file, consigned.
(Rajiv Roy, J)
vinayak/-
U
Checking your session…