Created by Fuzzy Cloud

Patna High Court

MIR AHSAN MABOOD and ORSversusThe Chairman Bihar Land Tribunal and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ petition is dismissed for non‑prosecution.

Summary

Petitioners filed a writ petition in the Patna High Court challenging an order dated 24 September 2014 passed by the Chairman of the Bihar Land Tribunal, which affirmed earlier land‑ceiling orders under the Bihar Land Ceiling Act. The respondents, including state officials and several individuals, contended that the matter involved pre‑emption and had become infructuous due to the passage of time and a new law. No petitioner appeared before the court. The bench noted the lack of appearance and, despite the arguments about pre‑emption, dismissed the petition for non‑prosecution. Consequently, the earlier land‑ceiling orders remain in force.

Issues considered

  • Whether the order of the Bihar Land Tribunal dated 24‑09‑2014 is amenable to challenge by a writ petition.
  • Whether the petition is maintainable in view of the alleged lapse of time and the emergence of a new law affecting pre‑emption rights.
  • Whether dismissal for non‑prosecution is appropriate when the petitioners fail to appear.

Subjects

  • land ceiling
  • pre‑emption
  • writ petition
  • non‑prosecution
  • dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.18029 of 2015
                 ======================================================
           1.     MIR AHSAN MABOOD Son of the Shams Tabareiz R/o vill. - Bithwan,
                  P.O. Babhanaul, P.S. Dawath, Distt. - Rohtas Bihar
           2.    Mir Hassan Mabood S/o late Mir. Fazle Mabood @ Mir Fazle Maboob
           3.    Mir Hafizullah S/o Mir Abbul Lais (Co- sharer of in the branch of Mir Abdul
                 Gafur) All are resident of Village Bithwan, P.O. Abhanaul, P.s.- Dawath,
                 District- Rohtas Bihar.
                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The Chairman Bihar Land Tribunal
           2.    Commissioner, Patna Division, Patna
           3.    The Collector, Rohtas at Sasaram
           4.    The Deputy Collector Land Reforms, Bikramganj, Rohtas
           5.    Sheikh Leyakat Ali Son of Late Shikh Israrun Nabi
           6.    Sadaquat Ali Suddique Son of Late Sheikh Israrur Nabi
           7.    Sharafat Ali Siddique Son of Late Sheikh Israrun Nabi
           8.    Shaukat Ali Siddique Son of Late Sheikh Israrun Nabi Respondents No. 5 to
                 8 are Resident of village - Bithwan, P.O. Babhanaul, P.S. Dawath, District -
                 Rohtas Bihar
           9.     Mir Sohal Ahmad Son of Late Mir. Samad Resident of village - Bithwan,
                  P.O. Abhanaul, P.S. Dawath, District - Rohtas Bihar
                                                                      ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None.
                 For the Respondent/s     :       Mr.Ajay- GA-12
                 For respondent no. 5 to 8        Mr. Rajni Kant Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   09-02-2026                    No one appears on behalf of the petitioners.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) against the order dated 24.09.2014

                                              Passed by The Chairman, Bihar Land

                                              Tribunal, Patna in Case No. 707 of 2013.

                                              The Chairman, Bihar Land Tribunal, Patna,
         Patna High Court CWJC No.18029 of 2015(3) dt.09-02-2026
                                                    2/2




                                           was pleased to affirm the order dt. 25.07.13

                                           passed in Land Ceiling Revision Case

                                           No.248 of the learned Commissioner, Patna

                                           Division, Patna by which the learned

                                           Commissioner was pleased to affirm the

                                           Order dated 07.01.2007 passed by the

                                           learned Collector, Rohtas in Land Ceiling

                                           Appeal No. 21 of 2005-06 as well as order

                                           passed by the learned Deputy Collector,

                                           Land Reforms, Bikramganj in Land Ceiling

                                           Case No. 06 of 2004 dated 1309.2005 under

                                           section 16(3) of Ceiling Act.

                               3. The State and respondent nos. 5 to 8 is appearing.

                               4. It has been informed by learned counsel for the

                   respondent that it is a pre-emption matter and with the passage

                   of time and the new law, it has become infructuous.

                               5. Be that as it may, since there is no appearance, the

                   writ petition is dismissed for non-prosecution.



                                                 (Rajiv Roy, J)
Ravi/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.