Patna High Court

Anil Yadav @ Anil Kumar YadavversusThe State Of Bihar and Ors

Decided: 18 April 2026
Disposal: CONSIGNED
Bench: RAJIV ROY

Holding

Non‑compliance with the peremptory order to serve a copy to respondent No.5 results in dismissal of the petition.

Summary

The petitioner, Anil Yadav, was directed by the Court to serve a copy of the petition to respondent No.5 (the Circle Officer, Bithan) and to file the receipt of such service in the Court office. This direction was issued as a peremptory order. The petitioner failed to comply with the order within the stipulated time. The Court examined the file and noted the non‑compliance with the peremptory direction. Consequently, the Court dismissed the petition on 10 February 2026 for failure to serve the required copy and file the receipt.

Issues considered

Whether the petitioner’s failure to serve a copy of the petition to respondent No.5 as directed by a peremptory order warrants dismissal of the petition.

Subjects

service of notice
peremptory order
petition dismissal
civil writ jurisdiction
procedural compliance

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.22295 of 2018
                 ======================================================
                 Anil Yadav @ Anil Kumar Yadav Son of late Suresh Yadav Resident of
                 Village- Katauna, Batardiha, Police StationCircle- Bithan, District-
                 Samastipur.
                                                                          ... ... Petitioner/s
                                                   Versus
           1.     The State Of Bihar.
           2.    The District Magistrate Cum Collector, Samastipur.
           3.    The Additional Collector, Samastipur.
           4.    The Deputy Collector Land Reform, Rosera, Samastipur.
           5.    The Circle Officer, Bithan District- Samastipur.
           6.    Din Dayal Yadav Son of late Rameshwar Yadav@ Kameshwar Yadav
                 Resident of Village- Katauna, Batardiha, Police StationCircle- Bithan,
                 District-Samastipur.
           7.    Masomat Gita Devi Widow of late Rameshwar Ishwar Resident of Village
                 Jitwarpur, Kimhira, Tola Rampur Paragana- Saraisa, Police Staton-
                 Sarairanjan, District- Samastipur.
           8.     Madhumangal Ishwar Son of Nilku Ishwar Resident of Village Jitwarpur,
                  Kimhira, Tola Rampur Paragana- Saraisa, Police Staton- Sarairanjan,
                  District- Samastipur.
                                                                    ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Choudhary Shyam Nandan, Advocate
                 For the Respondent/s   :      Mr. Md.Khurshid Alam -AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   18-04-2026                 In this case, the petitioner was to serve copy to the

                   respondent no. 5 and the receipt was to be filed in the office.

                               2. As it was a peremptory order and the same was not

                   complied, stood dismissed on 10.02.2026.

                               3. Perused the file and the same stands consigned.



                                               (Rajiv Roy, J)
Adnan/-

U

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