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Patna High Court

Kapileshwar Mishra and OrsversusThe State Of Bihar and Ors

Decided
Disposal
CONSIGNED

Holding

The petition is dismissed for failure to remove the procedural defects as directed by the Court.

Summary

The petitioners, heirs of the late Sahdeo Mishra, filed a writ petition challenging three orders dated 18 September 1989, 16 October 1990, and 25 February 1992 that allowed a preemption application by the late Hai Narain Jha and dismissed the petitioners' father's appeal. They sought the High Court to set aside those orders. The Court issued a peremptory direction on 19 January 2026 requiring the petitioners to remove procedural defects within three weeks. The petitioners failed to comply with this direction, and consequently, the Court dismissed the petition on 9 February 2026. The dismissal was based on the petitioners' non‑compliance with the defect‑removal order, not on the merits of the preemption dispute.

Issues considered

  • What is the appropriate remedy, if any, for setting aside the 1989, 1990 and 1992 orders relating to the preemption application?
  • Did the petitioners comply with the Court's direction to remove procedural defects within the stipulated time?

Subjects

  • writ jurisdiction
  • land ceiling
  • preemption
  • procedural defect
  • petition dismissed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.22292 of 2014
                 ======================================================
           1.     Kapileshwar Mishra
           2.    Durgeshwar Mishra
           3.    Firan Kumar Mishra
           4.    Dilip Kumar Mishra All sons of Late Sahdeo Mishra resident of village -
                 Marukia, P.S. Khajauli, District - Madhubani
           5.    Jai Mangla Devi Wife of Jibach Jha and daughter of Late Sahdeo Mishra
                 resident of village - Sonmati, P.S. Khutauna, District - Madhubani
           6.    Mina Devi wife of Sri Shyam Jha and daughter of Late Sahdeo Mishra
                 resident of village - Makunma, P.S. Khajauli, District - Madhubani

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    The Additional Member, Board of Revenue, Bihar, Patna null null
           3.    The Additional Collector Ceiling , Madhubani
           4.    Deputy Collector, Land Reform, Madhubani
           5.    Raj Govind Jha
           6.    Devendra Jha Both sons of late Jai Narain Jha resident of village - Marukia
                 Gobroura , P.S. Khajauli, District - Madhubani
           7.    Somnath Jha
           8.    Bablu Jha
           9.    Sandeep Jha
           10. Phool Jha All sons of Late Ram Chandra Jha resident of village - Marukia,
               P.S. Khajauli, District - Madhubani

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Md.Imteyaz Ahmad, Advocate
                 For the Respondent/s   :     Mr. Kumar Alok, SC-8
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   16-02-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                            “for issuance of an appropriate writ,
          Patna High Court CWJC No.22292 of 2014(3) dt.16-02-2026
                                                     2/2




                                    order or direction for setting aside the order dated

                                    18.09.1989       passed         by   the   learned   Deputy

                                    Collector, Land Reforms, Madhubani in Land

                                    Ceiling 16(3) Case no. 7/1988-89 by which the

                                    preemption application filed by late Hai Narain

                                    Jha was allowed as well as the appellate order

                                    dated 16.10.1990 passed by learned Additional

                                    Collector, Madhubani in Case No. 345/1989-90 /

                                    214/1990-91 by which he dismissed the appeal

                                    preferred by the late father of the petitioners as

                                    well as the revisional order dated 25.02.1992

                                    passed by learned Additional Member Board of

                                    Revenue, Bihar in Case No. 10 of 1991.”

                                3. On 19.01.2026, an order was passed to remove the

                    defect(s) within a period of three weeks.

                                4. As it was a peremptory order and the defect(s) was

                    not removed, it got dismissed on 09.02.2026.

                                5. Perused the file and the same stands consigned.



                                                  (Rajiv Roy, J)
Adnan/-

U


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