Patna High Court
Jayanto SamajdarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The Court held that the writ petition is frivolous and, in the absence of any appearance, must be dismissed for non‑prosecution.
Summary
Jayanto Samajdar filed a civil writ petition (CWJC No.19501 of 2018) seeking to quash a 14‑03‑2018 order of the D.C.L.R., Kishanganj, relating to a Jamabandi cancellation of his deceased brother's settlement. The State of Bihar and several officials were impleaded as respondents. No counsel appeared for the petitioner, while the respondent’s counsel was present. The respondents submitted that the D.C.L.R. had not passed any order and that the petitioner’s earlier writ petition (CWJC No.16417 of 2015) was still pending, which the petitioner had withdrawn on 24‑08‑2023. After reviewing the records and the earlier petition’s withdrawal, the Court found the present petition frivolous and, due to the lack of appearance, dismissed it for non‑prosecution with costs.
Issues considered
- Whether the order dated 14‑03‑2018 passed by the D.C.L.R. can be quashed by the present writ petition.
- Whether the petition is maintainable in view of the pending earlier writ petition CWJC No.16417 of 2015 and its subsequent withdrawal.
- Whether the petition is frivolous and liable to dismissal for non‑prosecution.
Subjects
- civil writ jurisdiction
- Jamabandi cancellation
- frivolous petition
- non‑prosecution
- dismissal
- land records
- D.C.L.R.
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19501 of 2018
======================================================
Jayanto Samajdar son of Late Jitan Samajdar resident of village - Khalbasi,
Gunjanmari, P.S. - Thakurganj, Dstrict Kishanganj.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Collector-cum-District Magistrate, Kishanganj.
3. The Sub Divisional Officer, Kishanganj.
4. The D.C.L.R. Kishanganj.
5. The Circle Officer, Thakurganj, Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Utsav Kumar, Advocate
For the Respondent/s : Mrs. Nutan Sahay, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 16-02-2026 No one appears on behalf of the petitioner though
Mrs. Nutan Sahay, AC to AAG-12 is present.
2. The present petition has been preferred for the
following relief/s:
(i) to quash the order dt. 14.03.2018 passed
by the D.C.L.R., in Jamabandi Cancellation
Case No. 05/2015-16 for cancellation of
settlement of deceased brother of the
petitioner which was completed was back in
the year 1982-83 and for other reliefs for
which the petitioner is found entitled during
the course of adjudication of the instant
Patna High Court CWJC No.19501 of 2018(3) dt.16-02-2026
2/2
matter.
3. A counter affidavit has come on behalf of the
respondent nos.1 to 5, according to which the D.C.L.R.,
Kishanganj has not passed any order rather recorded that since
the petitioner has preferred C.W.J.C. No. 16417 of 2015
(Jayanto Samajhdar vs. The State Of Bihar and Ors), further
steps shall be taken after disposal of the aforesaid writ petition.
4. The submission is that the petition is fit to be
dismissed with cost.
5. This Court has taken note of the C.W.J.C. No.
16417 of 2015 and the records of the High Court shows that on
24.08.2023, the petitioner chose to withdraw the said petition.
6. This Court has gone through the facts of the
case, the submission of the learned State counsel as also the
order passed in C.W.J.C. No. 16417 of 2015 and is convinced
that it is a frivolous petition and fit to be dismissed with cost.
7. However, since no one has appeared, the writ
petition is dismissed for non-prosecution.
(Rajiv Roy, J)
Ravi/-
U
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