Patna High Court
Md. Islam and AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
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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