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Patna High Court

Vashishth Hazara @ Vashisth ManjhiversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The Court held that there is no reason to interfere with the petitioners' delay and dismissed the writ petition.

Summary

The petitioners, a group of individuals from Saran district, filed a civil writ petition seeking relief that the High Court had earlier directed them to obtain by filing an application with the Collector or Circle Officer. Although the Court had ordered them in 1998 (Subodh Singh v. Union of India) to approach the appropriate authority, they failed to do so and only filed the required application in 2007 after a long delay. The petitioners then approached the Court again, contending that the delay warranted relief. Justice Purnendu Singh held that there was no ground for the Court to interfere with the petitioners' procedural lapse and directed that the pending application be disposed of expeditiously, if not already done. Consequently, the writ petition was dismissed as it had no merit.

Issues considered

  • What is the appropriate judicial response to a petitioner's failure to file a required application before the Collector within the time directed by a prior court order?

Subjects

  • civil writ jurisdiction
  • procedural delay
  • application before Collector
  • land reforms
  • court order compliance

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.20736 of 2025
     ======================================================
1.    Vashishth Hazara @ Vashisth Manjhi Son of Late Jugal Manjhi @ Janglal
      Manjhi, Resident of Village- Kurayan Ismailia, P.S.-Dighwara, District-
      Saran (Chapra).
2.   Bharat Ray, Son of Late Ram Chandra Ray, Resident of Sri Nagar Trilock
     chak, P.S-Dighwara, District-Saran Chapra.
3.   Arvind Kumar Paswan, Son of Bahran Paswan, Resident of Salhali, Akilpur,
     Dighwara, Saran Chapra.
4.   Bahran Paswan, Son of Late Musafir Paswan, Resident of village-Salhali,
     P.O.-Akilpur, P.S.-Dighwara, District-Saran Chapra.
5.   Ajay Paswan, Son of Hari Kishun Paswan, Resident of village-Salhali, P.S.-
     Dighwara, District-Saran.
6.   Hari Kishun Paswan, Son of Late Bhagwat Paswan, Resident of Salhali,
     P.S.-Dighwara, District-Saran Chapra.
7.   Sanjay Sharma, Son of Laksman Sharma, Resident of village-Kanakpur
     Tarwan, P.S.-Dighwara, District-Saran Chapra.
8.   Sanjay Kumar Manjhi, Son of Bashistha Narayan Manjhi, Resident of
     village-Pakarian, Mohalla-Kuraian, P.S.-Dighwara, District-Saran Chapra.
9.   Pravesh Paswan, Son of Late Gangdayal Manjhi, Resident of Village-
     Pakarihar, P.S.-Dighwara, District-Saran Chapra.
10. Manju Devi, Wife of Late Syamsundar Paswan, Resident of village-
    Pakarihar, P.S.-Dighwara, District-Saran Chapra.

                                                                  ... ... Petitioner/s
                                      Versus
1.   The Union of India through the D.R.M. Vaishali at Hazipur.
2.   The State of Bihar through the Secretary Land Reforms Govt. of Bihar,
     Patna.
3.   The District Magistrate, Saran at Chapra.
4.   The Circle Officer, Saran Sadar Chapra.
5.   Ravindra Singh, Son of Late Yogendra Singh, Resident of Village-Pakarihar,
     P.S-Dighwara, District-Saran, Chapra.
6.   Jaiki Singh, Son of Nawal Singh, Resident of Village-Pakarhiar, P.S.-
     Dighwara, District-Saran.
7.   Ashok Singh, Son of Dip Narain Singh, Resident of Bakarpur, P.S.-
     Dighwara, District-Saran (Chhapra).

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :    Mr. Arun Kumar No. 1, Advocate.
     For the State            :    Mr. Anil Kumar Singh, GP-26.
     For the Union of India   :    Ms. Archana, C.G.C.
           Patna High Court CWJC No.20736 of 2025(2) dt.08-01-2026
                                                      2/2




                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

2    08-01-2026                  Heard learned counsel appearing on behalf of the

                     petitioners; learned counsel for the State and learned counsel for

                     the Union of India.

                                 2. The record reveals that the petitioners have filed the

                     present writ petition for the similar relief for which the

                     petitioners were already directed by this Court vide order dated

                     22.04.1998 passed in C.W.J.C. No. 224 of 1997 (Subodh Singh

                     Vs. Union of India & others) to file an application before the

                     appropriate authority/Collector.

                                 3. It is the case of the petitioners that immediately the

                     petition was not filed before the Collector or before the Circle

                     Officer concerned and after much delay the same was filed in

                     the year 2007.

                                 4. This Court finds no reason to interfere. The

                     application so filed can be disposed of expeditiously if not

                     already disposed.

                                 5. The writ petition, accordingly, stands disposed of.


                                                              (Purnendu Singh, J)

mantreshwar/-

U      T


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