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Patna High Court

Akhilesh Kumar Singh @ Akhilesh SinghversusThe State Of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition was dismissed for want of prosecution.

Summary

The petitioner, Akhilesh Kumar Singh, filed a writ petition seeking a certiorari to quash an order dated 31 July 2018 issued by the Circle Officer, Mohania, which stayed an encroachment proceeding because a title suit was pending. He also sought a mandamus directing the respondents, particularly the Circle Officer, to commence the encroachment proceedings and remove the illegal structures on public land in Majhari village. The petition listed the State of Bihar and several district officials as respondents. No counsel appeared on behalf of the petitioner, although the State was present. The High Court dismissed the petition for want of prosecution, noting the petitioner’s failure to appear or pursue the case.

Issues considered

  • What is the appropriate remedy for quashing the Circle Officer's order staying the encroachment proceeding?
  • Can a writ of mandamus be issued to compel the respondents to initiate the encroachment proceedings and remove the encroachment?
  • Does the petitioner's failure to appear constitute a ground for dismissal on the basis of want of prosecution?

Subjects

  • public land encroachment
  • writ of certiorari
  • writ of mandamus
  • want of prosecution
  • civil writ jurisdiction
  • land dispute

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.23428 of 2018
                 ======================================================
                 Akhilesh Kumar Singh @ Akhilesh Singh Son of Vijay Bahdur Singh
                 Resident of Village- Majhari, Police Station- Mohania, Post Office- Kathej,
                 District- Kaimur at Bhabhua.                            ... ... Petitioner/s
                                                    Versus
           1.     The State Of Bihar through Collector-cum- District Magistrate, Kaimur at
                  Bhabhua.
           2.    The Sub- Divisional Lok Shikayat Nivaran Padadhikari, Mohania, District-
                 Kaimur at Bhabhua.
           3.    The Sub- Divisional Officer, Mohania, District- Kaimur.
           4.    The Circle Officer, Mohania, District- Kaimur.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :
                 For the Respondent/s   :         Mr.Sajid Salim Khan, SC-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   19-02-2026                   No one appears on behalf of the petitioner though

                   the State is present.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of writ in the nature of

                                            Certiorari or any other appropriate writ for

                                            quashing the order dated 31.7.2018 passed

                                            in Bihar Public Land Encroachment Case

                                            No.    08/2018     by    the       Circle   Officer,

                                            Mohaniya, Kaimur (Respondent No. 4),

                                            whereby the proceeding of the encroachment

                                            case has been stayed only on the account of

                                            that the Title Suit bearing No. 772/2018 is
         Patna High Court CWJC No.23428 of 2018(6) dt.19-02-2026
                                                     2/2




                                           pending before the Court of Learned Munsif,

                                           Bhabhua;

                                           (ii) for issuance of writ in the nature of

                                           Mandamus or any other appropriate writ for

                                           commanding the respondents particularly

                                           the respondent No. 4 to start the proceeding

                                           of the aforesaid case bearing Bihar Public

                                           Land Encroachment Case No. 08/2018 and

                                           accordingly, to remove the encroachment

                                           from the public land pertaining to Khata No.

                                           257, Plot No. 1222/2614, situated in Mauza

                                           Majhari, Thana No. 529, upon which the

                                           villagers have constructed their House;

                                           (iii) for issuance of any other appropriate

                                           writ,     order    or    direction   which   your

                                           Lordships may deem fit and proper in the

                                           facts and circumstances of the case

                               3. For want of prosecution, the writ petition is

                   dismissed.

                                                   (Rajiv Roy, J)
Ravi/-

U


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