Patna High Court
Noorul HodaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed for non‑prosecution.
Summary
Noorul Hoda filed a civil writ petition seeking a mandamus directing the State and officials to obtain a specific parcel of land in his favor. No counsel appeared for the petitioner, while the State was represented by Mrs. Nutan Sahay. The petition was listed on 4 August 2025 and again on 2 February 2026, but the petitioner failed to appear on both occasions, indicating a loss of interest. The Court held that the petition could not proceed without prosecution by the petitioner. Consequently, the writ petition was dismissed for non‑prosecution.
Issues considered
- What is the appropriate remedy when a petitioner fails to appear and prosecute a writ petition?
- Can a writ petition be dismissed solely on the ground of non‑prosecution?
Subjects
- writ petition
- mandamus
- land dispute
- non‑prosecution
- dismissal
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16238 of 2018
======================================================
Noorul Hoda S/o Late Habibur Rahman, a resident of Vill- Satvita Tola,
Bhagwanpur, P.S.- Jokihat, Dist- Araria.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector, Araria.
3. The Deputy Collector Land Reform, Araria.
4. Bibi Soghra, W/o Khalil,
5. Khalil, S/o Injar Ali, Respondent no.4 and 5 are residents of Village-
Bhagwanpur, Satvita Tola, P.S.- Jokihat, Dist- Araria.
6. Abdul Salam, S/o Idris, Resident of Village- Bhagwanpur, Satvita Tola, P.S.-
Jokihat, Dist- Araria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mrs. Nutan Sahay, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 02-02-2026 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 issuance of a writ in the nature of
mandamus directing the respondents to get the
land appertaining to Khata no. 80/237, Plot no.
1092, Thana no. 218, Tauzi no. 8/1 situated at
Mauza- Bhagwanpur in the District of Araria
area admeasuring 0.67 decimal registered in
Patna High Court CWJC No.16238 of 2018(4) dt.02-02-2026
2/2
favour of the petitioner and also to grant any
other relief/reliefs to which the petitioner is
found entitled to including the cost of this
proceeding.”
3. On 04.08.2025, also no one appears on call. It
seems that he petitioner has lost interest in the case.
4. The writ petition is dismissed for non-prosecution.
(Rajiv Roy, J)
vinayak/-
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