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Patna High Court

Md. Islam and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution.

Summary

Petitioners Md. Islam and Md. Yusuf filed a writ petition seeking a court order directing the respondents to initiate mutation proceedings and, if their claim is found genuine, to issue a rent receipt. They claimed to have obtained a No Objection Certificate in 2024. No counsel appeared for the petitioners and no fresh vakalatnama was filed even after two years, indicating a loss of interest. The court noted the absence of representation and the failure to prosecute the petition. Consequently, the writ petition was dismissed for non‑prosecution.

Issues considered

  • Whether a writ petition can be entertained when the petitioners have not appeared and have failed to file a fresh vakalatnama for two years
  • Whether the court can direct the respondents to initiate mutation proceedings in the absence of a prosecuting petition

Subjects

  • writ petition
  • mutation
  • non‑prosecution
  • land records
  • rent receipt
  • no objection certificate
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.15998 of 2017
                 ======================================================
           1.     Md. Islam.
           2.    Md. Yusuf Both Sons of late Mir Hasan @ Amir Hasan Residents of Village-
                 Harishankarpur Badhauni, P.S. - Tajpur, District- Samastipur.

                                                                             ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar.
           2.    The Divisional commissioner, Darbhanga Division, Darbhanga.
           3.    The District Magistrate-cum-Collector, Samastipur.
           4.    The Addl. Collector, Samastipur.
           5.    The Dy. Collector, Land Reforms, Samastipur.
           6.    The Circle officer, Tajpur, District Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       None
                 For the Respondent/s   :       Mr. Dhurjati Kumar Prasad, GP-14
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   10-02-2026                 No one appears on behalf of the petitioner though the

                   State is present.

                               2. The present petition has been preferred for the

                   following relief(s):

                                              “for issuance of an appropriate writ,

                                  order or direction directing the respondents

                                  concern to initiate a Proceeding under the

                                  Mutation law and after following the procedure

                                  mutate the land (described in Para 4) in favour of

                                  the petitioner and issue rent receipt, if his claim is
          Patna High Court CWJC No.15998 of 2017(5) dt.10-02-2026
                                                     2/2




                                    found genuine and if not then pass a reasoned

                                    order for refusal.

                                                other relief (s) And for any which the

                                    Petitioners for are found to be entitled in the facts

                                    and circumstances of the case.”

                                3. As per the office record in the year 2024, the

                    petitioner took No Objection Certificate from Mr. Rakesh

                    Kumar Soni which has been informed by the concerned Lawyer

                    before a Coordinate Bench.

                                4. It seems that the petitioner has lost interest in the

                    case as no fresh vakalatnama has been filed even after passage

                    of two years.

                                5. In that background, the writ petition stands

                    dismissed for non prosecution.



                                                  (Rajiv Roy, J)
Adnan/-

U


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