Patna High Court
Akhilesh Kumar Singh @ Akhilesh SinghversusThe State Of Bihar
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
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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