Created by Fuzzy Cloud

Patna High Court

Anjani Kumar SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for want of prosecution.

Summary

Anjani Kumar Singh filed a writ petition in the Patna High Court seeking a certiorari to quash a 17 April 2018 order of the District Magistrate, Madhubani, which had set aside a 24 July 2010 order of the Circle Officer granting him land in a Basgit Parcha case, and also sought mandamus to enforce that earlier order and restrain demolition of his house. The petitioner alleged that the Circle Officer's order was valid under the Bihar Privileged Persons Homestead Tenancy Manual. No counsel appeared for the petitioner, while the State was represented by Mrs. Nutan Sahay. The Court noted the lack of prosecution of the petition and dismissed it. The dismissal was based solely on procedural default, not on merits of the land dispute.

Issues considered

  • Whether the petitioner is entitled to a writ of certiorari to quash the District Magistrate's order setting aside the Circle Officer's order.
  • Whether a writ of mandamus can be issued to compel the respondents to enforce the Circle Officer's order under the Bihar Privileged Persons Homestead Tenancy Manual.
  • Whether the petition is maintainable in the absence of prosecution.

Subjects

  • writ jurisdiction
  • certiorari
  • mandamus
  • land dispute
  • Basgit Parcha
  • want of prosecution
  • High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20091 of 2018
                 ======================================================
                 Anjani Kumar Singh s/o Sri Tej Narayan Singh, R/o Agrawal Tola, Laxmi
                 Sagar, Kotwali Chowk Vauwarea, P.S Madhubani Town, District Madhubani.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms, Government of Bihar, Patna
           2.    The district Magistrate-cum-Collector, Madhubani.
           3.    Sri Sri 108 Ram Laxman Janki Jee, Deity Established in Mauza Bhauada,
                 Police Station and District- Madhubani through its Sebait Sri Awadhesh
                 Prasad, son of Late Dinkar Prasad, resident of village-Bhauada, Ward No.
                 26, Agrawal Tola, P.S.-Madhubani, District-Madhubani

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      None
                 For the State            :      Mrs. Nutan Sahay, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   20-01-2026                     No one appears on behalf of the petitioner though

                   State as also respondent no.3 is present.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “(A) A writ in the nature of Certiorari

                                        or any other appropriate writ/s, order/s,

                                        direction/s   for   quashing   the    order    dated

                                        17.04.2018 passed by the District Magistrate,

                                        Madhubani, the Respondent No.2 in Misc.

                                        Appeal No. 37/2013-14 setting aside the order

                                        dated 24.07.2010 issued by the Circle Officer,
Patna High Court CWJC No.20091 of 2018(3) dt.20-01-2026
                                           2/3




                             Rahika, the Respondent No.3 in Basgit Parcha

                             Case No. 01/2010-11 issuing Basgit Parcha in

                             favour of the petitioner with respect to land

                             appertaining to Khata No. 670, Plot No. 1562

                             admeasuring 1 katha 6 dhur situated at Village:

                             Laxmi Sagar Bahuara Agrawal Tola falling

                             within Madhubani Police Station of Madhubani

                             District.

                                          (B) A writ in the nature of Mandamus

                             or     any   other     appropriate   writ/s,   order/s

                             direction/s directing the respondent authorities

                             for the following:-

                                          (i) to hold the order, "Annexure: "to

                             the petition, to be null and nonest in the eye of

                             law.

                                          (ii) to hold the order, "Annexure: to the

                             petitioner passed by Circle Officer, Rahika in

                             Basgit Parcha Case No. 01/2010-11 to be fully

                             valid and issued fully inconsonance with the

                             provisions       of    Bihar    Privileged     Persons

                             Homestead         Tenancy      Manual    (hereinafter

                             referred to above as the Act).
            Patna High Court CWJC No.20091 of 2018(3) dt.20-01-2026
                                                        3/3




                                                     (iii) to restrain the respondents from

                                         giving effect to the order contained in Annexure:

                                         to the petition.

                                                     (iv) to restrain the respondent from

                                         demolishing/removing the structure/the house

                                         made of brick, bamboo, strop and tin and

                                         asbestos seals i.e. the residential house of the

                                         petitioner.”


                                  3. For want of prosecution, the writ petition is

                      dismissed.



                                                    (Rajiv Roy, J)
vinayak/-

U


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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