Patna High Court
Ramotar Sah @ Ramotar SahuversusThe State of Bihar through the Chief Secretary,
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed for want of prosecution.
Summary
The petitioners, a group of heirs residing in Tariama village, filed a writ petition in the Patna High Court seeking cancellation of a settlement of a Jalkar (water body) made by the District Fisheries Officer on plots 2207 and 2208, which are recorded in the petitioners' ancestors' Jamabandi. They alleged that the settlement was effected without proper notice to them. No counsel appeared on behalf of the petitioners, while the State was represented by Mrs. Nutan Sahay, AC to AAG‑12. The court noted that the petition was repeatedly adjourned on 11‑11‑2024, 09‑12‑2024 and 21‑01‑2025. Since the petitioners failed to prosecute the writ, the court dismissed the petition for want of prosecution. The dismissal left the settlement order of the respondent undisturbed.
Issues considered
- What is the appropriate remedy for the petitioners seeking cancellation of the Jalkar settlement?
- Whether the writ petition can be entertained despite the petitioners' failure to appear and prosecute the case.
Subjects
- writ petition
- cancellation of settlement
- Jalkar
- Jamabandi
- want of prosecution
- civil writ jurisdiction
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2691 of 2017
======================================================
1. Ramotar Sah @ Ramotar Sahu S/o Late Sone Lal Sah @ Sone Lal Sahu, R/o
Vill. Tariama, P.S. Simri Bakhtiyarpur, Dist. Saharsa.
2.1. Anita Kumari D/o Late Ram Gulam Sahu, Resident of Village - Tariama,
Police Station - Simri Bakhtiyarpur, District - Saharsa.
2.2. Neelam Kumari D/o Late Gulam Sahu, Resident of Village - Tariama, Police
Station - Simri Bakhtiyarpur, District - Saharsa.
2.3. Pinki Devi D/o Late Ram Gulam Sahu, Resident of Village - Tariama, Police
Station - Simri Bakhtiyarpur, District - Saharsa.
2.4. Abhishek Raj S/o Late Ram Gulam Sahu, Resident of Village - Tariama,
Police Station - Simri Bakhtiyarpur, District - Saharsa.
2.5. Birendra Sah S/o Late Ram Gulam Sahu, Resident of Village - Tariama,
Police Station - Simri Bakhtiyarpur, District - Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary
2. The Principal Secretary, Dept. of Revenue Govt. of Bihar Patna.
3. The Principal Secretary Dept. of Animal Husbandary and Fisheries Govt. of
Bihar Patna.
4. The Dist. Magistrate Saharsa.
5. The District Fisheries Officer Saharsa.
6. The Circle Officer Simri Bakhtiyarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mrs. Nutan Sahay, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 10-02-2026 No one appears on behalf of the petitioners though
State is present.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of an order, direction or
Patna High Court CWJC No.2691 of 2017(6) dt.10-02-2026
2/2
writ for cancellation of settlement of JALKAR by
the respondent no.5 with respect of Plot No.2207
and 2208 of Mauza-Tariama of Thana-Gogri
having Thana No. 84 situated in Simri
Bakhtiyarpur of Saharsa district on which
Jamabandi and Records of Rights stand in the
name of the ancestors of the petitioners on which
they are residing (without giving them any
proper notice).
(ii) for issuance of an writ for the
order, direction relief to which or the petitioners
may be found entitled in the facts and
circumstances of the present case.”
3. On 11.11.2024, 09.12.2024 as also 21.01.2025
when the case was called out, prayer for adjournment was/were
made.
4. For want of prosecution, the writ petition is
dismissed.
(Rajiv Roy, J)
vinayak/-
U
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