Patna High Court
Khushi Lal Singh and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
A writ petition may be dismissed for non‑prosecution when the petitioner fails to appear, comply with directions, or file necessary documents.
Summary
The petitioners filed a writ petition in the Patna High Court seeking to quash an order dated 4 August 2016 passed by the Chairman of the Bihar Land Tribunal, which had set aside earlier orders in land dispute cases. The Court directed the petitioners on 25 August 2025 to file separate petitions against two deceased respondents and a limitation petition, but no such petitions were filed. No counsel appeared for the petitioners, and the State, though present, did not file any documents. The Court noted that the petitioners had failed to comply with the directions and had not prosecuted the writ petition. Consequently, the Court dismissed the writ petition for non‑prosecution.
Issues considered
- What is the appropriate course of action when a petitioner fails to comply with court directions and does not appear or file required documents in a writ petition?
Subjects
- writ petition
- non-prosecution
- Bihar Land Tribunal
- court dismissal
- limitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20510 of 2016
======================================================
1. Khushi Lal Singh son of Sri Lal Singh
2. Ram Bahadur Singh son of Late Mahabir Singh
3. Awadh Narayan Singh son of Late Ram Khelawan Singh All are residents of
Village - Mainhi, P.O. - Amhi, Police Station - Ghoghardiha, District -
Madhubani.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Divisional Commissioner, Darbhanga Division, Darbhanga.
3. The District Magistrate, Madhubani. null null
4. The Sub-Divisional Magistrate, Phulparas, District - Madhubani. null null
5. The D.C.L.R., Phulparas, District - Madhubani.
6. Sri Siya Ram Singh son of Late Singheshwar Singh
7. Sri Mahabir Singh son of Late Shivdari Singh
8. Sri Ram Sakal Singh son of Late Punit Singh All are residents of Village -
Mainhi, P.O. - Amhi, Police Station - Ghoghardiha, District - Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None.
For the Respondent/s : Mr.Rishi Raj Sinha-Sc19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 05-01-2026 No one appears on behalf of the petitioners though the
State is present.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of an appropriate writ/writs,
order/orders or direction/directions for
quashing the order dated 4th August, 2016(04-
08-2016) passed by the Hon'ble Chairman,
Patna High Court CWJC No.20510 of 2016(4) dt.05-01-2026
2/2
Bihar Land Tribunal, Patna in B.L.T. Case No.
486/2015, by which the order dated
29.06.2012 passed by the respondent no. 4 in
Case No. 03/2012-13 and order dated in Land
Dispute Appeal No-254/12-19 22.12.2014
passed by the respondent no.2 were set-aside
and the B.L.T. Case No. 486/2015 was
allowed.
3. On 25.08.2025, the petitioner was directed to file
separate petition for respondent nos. 6 and 8 who are now dead
alongwith limitation petition, no petition has come according to
the office note. This order was passed on 25.08.2025 and on
13.10.2025, prayer for adjournment was made to comply the order.
4. The present office notes also show that no further
document has been filed.
5. Learned counsel for the petitioners is also not present.
6. Accordingly, the writ petition is dismissed for non-
prosecution.
(Rajiv Roy, J)
Ravi/-
U
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