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Patna High Court

Rukmani DeviversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution.

Summary

Rukmani Devi filed a writ petition seeking a certiorari to quash a common order dated 15‑09‑2025 passed by the Bihar Land Tribunal in two related cases, one dismissing her claim and the other favoring private respondents. The petition also sought confirmation of earlier orders recognizing her as the legal owner of the land. No counsel appeared on behalf of the petitioner, and the order sheet indicated the petitioner had not pursued the matter. The court observed that the petitioner appeared to have lost interest in the case. Consequently, the High Court dismissed the writ petition for non‑prosecution.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear before the court

Subjects

  • writ petition
  • certiorari
  • non‑prosecution
  • land reform
  • Bihar Land Tribunal
  • mutation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.178 of 2026
                 ======================================================
                 Rukmani Devi Wife of Suryanath Jha, Resident of village- Gajhara, P.S.-
                 Ladaniya, District- Madhubani.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary Land Reforms
                  Department, Government of Bihar, Patna.
           2.    The Collector Madhubani, District Madhubani.
           3.    The Additional Collector Madhubani, District Madhubani.
           4.    The Deputy Collector Land Reforms (D.C.L.R.) Jaynagar, District-
                 Madhubani.
           5.    The Circle Officer Ladaniya, District- Madhubani.
           6.    Dayakant Jha, Son of Ganesh Jha Resident of village- Gajhara, P.S.-
                 Ladaniya, District- Madhubani.
           7.    Tarakant Jha, Son of Ganesh Jha Resident of village- Gajhara, P.S.-
                 Ladaniya, District- Madhubani.
           8.    Subham Kumar Jha, Son of Shashikant Jha Resident of village- Gajhara,
                 P.S.- Ladaniya, District- Madhubani.
           9.    Shri Krishan Kant Mishra, Son of Late Beda Nand Mishra Resident of
                 village and P.O.- Mahgrauni, P.S.- Rajnagar, District- Madhubani.
           10. Shri Sushikant Mishra, Son of Late Beda Nand Mishra Resident of village
                and P.O.- Mahgrauni, P.S.- Rajnagar, District- Madhubani.
                                                                        ... ... Respondent/s
               ======================================================
                 Appearance :
                 For the Petitioner/s     :     None
                 For the Respondent/s     :     Mr. Addl. Advocate General (07)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   10-03-2026                   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

                                        certiorari for quashing the common order dated

                                        15/09/2025 passed in B.L.T. Case No. 568 of
Patna High Court CWJC No.178 of 2026(3) dt.10-03-2026
                                            2/3




                             2023 with B.L.T. Case No. 1097 of 2024 by the

                             Learned Member Judicial of the Bihar Land

                             Tribunal Patna whereby and where under in one

                             hand B.L.T. Case No. 568 of 2023 filed by the

                             petitioner has been dismissed saying that

                             impugned order passed by the Additional

                             Collector Madhubani seems to by just and

                             proper therefore no interference is required and

                             in the other hand B.L.T. Case No. 1097 of 2024

                             filed by private respondents has been allowed

                             and pleased to set aside the order impugned

                             dated 02/11/2024 passed Revision Case No. 10

                             of   2024 by learned Additional Collector

                             Madhubani stating that the order impugned are

                             completely unsustainable in law hence hereby set

                             aside and further be pleased to confirm the order

                             dated 01/10/2022 passed by learned D.C.L.R.

                             Madhubani in Mutation Appeal No. 16/ 16/2022-

                             2023 as well as order passed by the learned

                             Circle Officer Ladaniya in Mutation Case No.

                             1312-R/27-2020-2021 treating the petitioner is

                             legal owner of the land in question.”
            Patna High Court CWJC No.178 of 2026(3) dt.10-03-2026
                                                        3/3




                                  3. The order sheet dated 13.01.2026 shows that before

                      the coordinate Bench also, there was no appearance.

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

                      case.

                                  5. Accordingly, the writ petition is dismissed for non-

                      prosecution.



                                                    (Rajiv Roy, J)
vinayak/-

U


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