Created by Fuzzy Cloud

Patna High Court

Hari Nandan SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for want of prosecution.

Summary

Hari Nandan Singh filed a writ petition in the Patna High Court seeking quashing of three orders dated 19‑12‑2017, 24‑11‑2016 and 14‑05‑2015, which dismissed his BLT case, a mutation revision petition and a mutation appeal respectively, and also asked for direction to dispose of his pending mutation case. No counsel appeared on behalf of the petitioner, while the State of Bihar was present. The court observed that the petition was not prosecuted. Accordingly, Justice Rajiv Roy dismissed the petition for want of prosecution. The dismissal leaves the impugned orders in force.

Issues considered

  • What is the appropriate remedy for the petitioner to challenge the orders dated 19‑12‑2017, 24‑11‑2016 and 14‑05‑2015?
  • Whether the petition is maintainable in the absence of prosecution?

Subjects

  • writ petition
  • quashing order
  • mutation case
  • want of prosecution
  • Civil Writ Jurisdiction
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.23037 of 2018
                 ======================================================
                 Hari Nandan Singh Son of Late Deoki Nandan Singh @ Deoki Singh,
                 Resident of Village- Bela, P.S.- Bihta, District- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar and Ors
           2.    The Additional Collector, Patna.
           3.    The Land Reforms Deputy Collector, Paliganj, District- Patna.
           4.    The Circle Officer, Dulhin Bazar, Patna.
           5.    Lalit Mohan Sharma, Son of Chandradeep Singh, Resident of Village-
                 Bhalluwa, P.S.- Dulhin Bazar, District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          None
                 For the Respondent/s   :          Mr. Md. Khurshid Alam- Aag12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   06-01-2026                   No one appears on behalf of the petitioner though

                   State is present.

                               2. The present application has been preferred for the

                   following relief(s):

                                                          (i) For grant of an appropriate
                                            writ    for     quashing    the       order      dated
                                            19.12.2017, passed by Sri R.P. Sharma,
                                            Member, Judicial in BLT Case No. 491/2017
                                            dismissing the BLT Case filed by the
                                            petitioner (Annexure 8).
                                                          (ii) For grant of an appropriate
                                            writ    for     quashing    the       order      dated
                                            24.11.2016,      passed    by     the     Additional
                                            Collector, Patna in Mutation Revision No.
           Patna High Court CWJC No.23037 of 2018(3) dt.06-01-2026
                                                      2/2




                                            20/2015 16 dismissing the Revision petition
                                            (Annexure 7).
                                                           (iii) For grant of an appropriate
                                            writ     for     quashing    the   order   dated
                                            14.05.2015, passed by the Land Reforms
                                            Deputy Collector, Paliganj in Mutation
                                            Appeal No. 141/ 2013-14 (Annexure 6),
                                            allowing the appeal and thereby setting aside
                                            the order dated 02.09.2013, passed by the
                                            Circle Officer, Dulhin Bazar in Mutation
                                            Case No. 492/2013-14.
                                                           (iv) For grant of an appropriate
                                            writ for direction the to respondents to
                                            dispose of the Mutation Case of the
                                            petitioner in accordance with law.
                                 3. For want of prosecution, dismissed.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.