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Patna High Court

Balram RajakversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ petition is dismissed for non‑prosecution.

Summary

Balram Rajak filed a writ petition seeking a mandamus directing the State and various officials to cancel the Praman-patra issued by the District Bhoodan Yagya Committee to certain respondents alleged to be fraudulent allottees under the Bihar Bhoodan Yagya Act, and to confirm the validity of a Praman-patra issued in 1971 to his father and 41 others. No counsel appeared on behalf of the petitioner, while the State was represented. The court noted the petitioner’s failure to prosecute the petition. Consequently, Justice Rajiv Roy dismissed the writ petition for non‑prosecution.

Issues considered

  • What is the appropriate remedy when a petitioner fails to appear or prosecute a writ petition?
  • Whether the court should entertain a petition for cancellation of a Praman-patra issued under the Bihar Bhoodan Yagya Act.

Subjects

  • writ of mandamus
  • non‑prosecution
  • Bihar Bhoodan Yagya Act
  • Praman-patra
  • land allocation
  • civil writ jurisdiction

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.20718 of 2014
     ======================================================
     Balram Rajak son of Late Bhola Rajak resident of Village and Post -
     Dulduliya, Police Station - Pirpanity, District- Bhagalpur.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State Of Bihar and Ors
2.   The Collector, Bhagalpur.
3.   The District Land Acquistion Officer, Bhagalpur.
4.   The Chairman Bhoodan Yagya Committee, Gardanibagh, Bihar, Patna-
     800002
5.   The Secretary, District Bhudan Yagya Office, Naya Bazar, Bhagalpur.
6.   Smt. Neelam Devi w/o Pramod Mandal resident of Village- Dulduliya,
     Police Station- Pirpainty, District- Bhagalpur.
7.   Smt. Sanju Devi w/o Sri Sanjay Mandal.
8.   Smt. Ganju Devi w/o Sri Tipari Rajak.
9.   Smt. Putul Devi w/o Sri Diwakar Ravidas.
10. Smt Manju Sinha w/o Sri Bharat Mandal.
11. Smt. Nanki Devi w/o Sri Maran Mandal.
12. Sri Sanjeet Mandal s/o Sri Banarasi Mandal.
13. Smt. Rekha Devi w/o Sri Upendra Mandal. All residents of Village -
    Dulduliya, Police Station- Pirpainty, District-Bhagalpur.
14. Smt. Kamali Devi w/o Sri Suresh Prasad Mandal resident of Village -
    Alapur, Police Station - Pirpainty , District - Bhagalpur.
15. Smt. Durga Devi w/o Sri Shiv Narayan Tanti resident of Village - Alapur,
    Police Station - Pirpainty , District - Bhagalpur.
16. Smt. Baby Kumari Devi w/o Sri Mahesh Rajak resident of Village - Alapur,
    Police Station - Pirpainty , District - Bhagalpur.
17. Smt. Ranju Devi w/o Sri Sanjay Kumar Mandal. resident of Village -
    Olapur, Police Station - Pirpainty , District - Bhagalpur.
18. Sri Akhilesh Kumar s/o Sri Suresh Prasad Mandal resident of Village -
    Olapur, Police Station - Pirpainty , District - Bhagalpur.
19. Smt. Usha Devi w/o Sri Ambika Prasad Mandal resident of Village -
    Viralpur, Police Station - Pirpainty , District - Bhagalpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :   None
     For the Respondent/s     :   Mr. M.K. Ambastha, SC-25
                                  Mr. Santosh Kumar Mishra, AC to Sc-25
     For resp. nos. 4 and 5   :   Mr. Rajni Kant Singh, Adv.
                                  Mr. Manish Kumar, Adv.
           Patna High Court CWJC No.20718 of 2014(3) dt.09-02-2026
                                                      2/2




                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

3    09-02-2026                       No one appears on behalf of the petitioner though

                     State is present.

                                 2. The present application has been preferred:

                                                          for issuance of a writ in the nature
                                            of    mandamus           and/or     or        any   other
                                            appropriate        writ,    order        or     direction
                                            commanding upon the respondents to hold
                                            enquiry and cancel the Praman-patra issued
                                            by the District Bhoodan Yagya Committee,
                                            Bhagalpur in favour of respondents no. 6 to
                                            19 and 4 others as they are farzi allottees of
                                            the land under the provision of Bihar
                                            Bhoodan Yagya Act and further to hold that
                                            the Praman-patra issued in favour of the
                                            petitioner's father and other 41 persons in
                                            the year 1971 are valid and legal.
                                 3.     Repeatedly, on call, there has not been any

                     appearance.

                                 4. Accordingly, the writ petition is dismissed for non-

                     prosecution.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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