Patna High Court
Anjani Kumar SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
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
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