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Patna High Court

Kamla RajbharversusThe State Of Bihar and Ors

Decided
Disposal
CONSIGNED

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


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