Patna High Court
Birbal Prasad @ Viraval PrasadversusThe State Of Bihar and Ors
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The petition was dismissed as the peremptory order had not been complied with.
Summary
Petitioner Birbal Prasad filed a writ petition seeking execution of a peremptory order dated 06.01.2015, which confirmed an earlier order of 20.06.2012 directing certain authorities to take action. He also requested the respondents to comply with the order and to respond to two memoranda issued in 2016. Notices were issued to respondents No.7‑10 on 10.11.2025, but the order remained unexecuted. The court observed that the peremptory order had not been complied with and consequently dismissed the petition on 01.12.2025. The petition was therefore dismissed for non‑compliance of the earlier order.
Issues considered
- Whether the peremptory order dated 06.01.2015 should be executed against the respondents?
Subjects
- peremptory order
- execution of order
- non‑compliance
- writ jurisdiction
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18375 of 2018
======================================================
Birbal Prasad @ Viraval Prasad Son of Late Jokhan Kurmi @ Jokhan Raut @
Jokhan Prasad, Resident of Village-BHabhata, Police Station-Sathi, District-
West Champaran, Bettiah. At Present Resident of Mohalla-83G, Agarwa,
Police Station-Motihari Town, District-East Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Commissioner, Tirhut Division, Muzaffarpur,
3. The District Magistrate, West Champaran, Bettiah.
4. The D.C.L.R. Narkatiyaganj, West Champaran, Bettiah.
5. The S.D.O., Narkatiaganj, West Champaran, Bettiah.
6. The Circle officer, Narkatiyaganj, West Champaran, Bettiah.
7. Nathuni Raut Son of Late Bhukhal Raut.
8. Saheb Raut Son of Nathuni Raut.
9. Vinay Raut Son of Nathuni Raut.
10. Mangal Raut Son of Nathuni Raut. Respondent No. 7 to 10 are Resident of
Village-Bhabhata, Police Station-Sathi, District-West Champaran, Bettiah.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Respondent/s : Mr. Raj Kishore Roy- GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 12-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“I. To direct the respondent authorities
to execute the order dated 06.01.2015 passed in
B.L.D.R. Appeal No. 480 of 2012 of the learned
Commissioner, Tirhut Division, Muzaffarpur,
whereby and whereunder the learned
Patna High Court CWJC No.18375 of 2018(6) dt.12-01-2026
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Commissioner confirmed the order dated
20.06.2012 passed in B.L.D.R. Case No. 06 of
2012-13 by the learned D.C.L.R. Narkatiyaganj,
West Champaran, (Annexure-5).
II. To direct the respondents to comply
the order passed by the learned Commissioner,
Trihut Division, Muzaffarpur and the learned
D.C.L.R. Narkatiyaganj, West Champaran.
III. To direct the authorities concerned to
respond on the letter containing Memo No. 830
dated 25.02.2016 and Memo No. 768 dated
11.06.2016 issued by the respondent no. 2 and 4
the learned Commissioner Trihut Division,
Muzaffarpur and the learned D.C.L.R.
Narkatiyaganj, West Champaran, respectively,
(Annexure - 6 and 7).
B. To any other relief/reliefs for which
the petitioner is entitled for and the Hon'ble Court
deems fit and proper.”
3. In this case, on 10.11.2025, notices were issued to
respondent nos. 7 to 10.
4. As it was a peremptory order and the same was not
Patna High Court CWJC No.18375 of 2018(6) dt.12-01-2026
3/3
complied, stood dismissed on 01.12.2025.
5. Perused the file and the same stands consigned.
(Rajiv Roy, J)
Adnan/-
U
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