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Patna High Court

Amit Kumar PankajversusThe State of Bihar

Decided
Disposal
CONSIGNED

Holding

The petition is dismissed for non‑compliance with the Court’s direction to remove defects within the prescribed time.

Summary

The petitioners, a group of individuals from Harbhanga village, filed a writ petition in the Patna High Court seeking to quash several orders: an impugned order of a Bihar Land Tribunal member dated 15 May 2025, an order of the Additional Collector dated 12 December 2022 in a mutation revision case, and an order of the Deputy Collector in a mutation appeal, alleging they were illegal, malicious and not in accordance with law. They also sought confirmation of the order of the Circle Officer dated 18 May 2018 as appropriate. The Court gave the petitioners three weeks on 17 November 2025 to rectify defects in the petition, but the petitioners failed to comply. Consequently, the petition was rejected on 8 December 2025. The Court noted the procedural default and dismissed the petition without entertaining the merits of the substantive challenges to the impugned orders.

Issues considered

  • Whether the impugned orders of the Bihar Land Tribunal member and the Additional Collector are illegal, malicious and violative of law and can be set aside.
  • Whether the petitioner's failure to remove defects within the stipulated time warrants dismissal of the writ petition.
  • Whether the order of the Circle Officer in the mutation case is valid and should be upheld.

Subjects

  • Land Tribunal
  • Mutation
  • Impugned order
  • Quash
  • Procedural default
  • Administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.17590 of 2025
                 ======================================================
           1.     Amit Kumar Pankaj S/o Triveni Prasad Yadav, Resident of Village
                  Harbhanga, PO and PS Sarsi, District Purnia, Pin Code 854306.
           2.    Ajit Kumar, S/o Triveni Prasad Yadav, Resident of Village Harbhanga, PO
                 and PS Sarsi, District Purnia, Pin Code 854306.
           3.    Amarjit Kumar Yadav, S/o Triveni Prasad Yadav, Resident of Village
                 Harbhanga, PO and PS Sarsi, District Purnia, Pin Code 854306.
           4.    Most. Abhileshi Yadav, W/o Late Praduman Yadav, Resident of Village
                 Harbhanga, PO and PS Sarsi, District Purnia, Pin Code 854306.
                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar learned the Principal Secretary, Land Revenue and
                 Reforms Department.
           2.    The Additional Collector, Purnia, District Purnea.
           3.    The Deputy Collector, Land Reforms, Banmankhi, PS Banmankhi, Distict
                 Purnea.
           4.    The Circle Officer, Banmankhi, PS Banmankhi, Distt Purneu.
           5.    Sanjiv Kumar Yadav, S/o Late Gajendra Yadav, Resident of Village
                 Harbhanga, PO and PS Sarsi, District Purnia, Pin Code 854306.
           6.    Rajiv Yadav, S/o Late Gajendra Yadav, Resident of Village Harbhanga, PO
                 and PS Sarsi, District Purnia, Pin Code 854306.
           7.    Rakesh Roushan, S/o Late Gajendra Yadav, Resident of Village Harbhanga,
                 PO and PS Sarsi, District Purnia, Pin Code 854306.
           8.    Deo Raj Kumar Yadav, S/o Late Yogendra Prasad Yadav, Resident of Village
                 Harbhanga, PO and PS Sarsi, District Purnia, Pin Code 854306.
           9.     Roushan Kumar, S/o Late Yogendra Prasad Yadav, Resident of Village
                  Harbhanga, PO and PS Sarsi, District Purnia, Pin Code 854306.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Rajesh Kumar
                 For the Respondent/s    :        Mr.Standing Counsel (16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   05-01-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                             (i) "for quashing/setting aside of the impugn

                                             order passed by the Learned Administrative
         Patna High Court CWJC No.17590 of 2025(3) dt.05-01-2026
                                                      2/2




                                           Member of Bihar Land Tribunal, Patna in

                                           B.L.T. Case No:357/2023 on di. 15.05.25 in

                                           Amit Kumar Pankaj &Ors vs The State of

                                           Bihar & Anrs simultaneously setting aside of

                                           the impugn order dt. 12.12.22 passed by the

                                           Add. Collector Purnea in Mutation Revision

                                           Case no.64/2018-19 impugn order passed in

                                           Mutation Appeal Case no.14/2016-17 by the

                                           D.C.L.R. Banmankhi as illegal, malicious not

                                           in accordance with law while confirming

                                           uphelding the order passed by the Circle

                                           Officer,     Banmankhi    in   Mutation   Case

                                           no.6160/2015-16 on dt 18.05.18 appropriate

                                           in accordance with law.

                               3. On 17.11.2025, three weeks time was granted to the

                   petitioner to remove the defect(s) and the order was peremptory.

                               4. As the same was not complied, it stood rejected on

                   08.12.2025.

                               5. Perused the file, consigned.



                                                 (Rajiv Roy, J)
Ravi/-

U


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