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Patna High Court

Dilip Kumar Bhagat and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ petition is dismissed for non‑prosecution due to the petitioners' failure to appear and comply with procedural orders.

Summary

The petitioners, Dilip Kumar Bhagat and others, filed a writ application challenging the order dated 26‑12‑2013 of the Divisional Commissioner, Purnea, and the subsequent order dated 30‑9‑2014 of the Deputy Collector of Land Reforms, Barsoi, which allowed private respondents No.5‑14 to claim disputed lands. The petition sought relief against these land‑allocation orders. No counsel appeared on behalf of the petitioners, while respondent counsel G.P. Bimal was present. The respondent highlighted that the petitioners had not complied with the 19‑05‑2017 order of the Coordinating Bench to file a substitution petition. The court, noting the absence of any petitioner representation and the non‑compliance, dismissed the writ petition for non‑prosecution.

Issues considered

  • Whether a writ petition can proceed in the absence of any petitioner representation.
  • Whether the petitioners' failure to comply with the order to file a substitution petition warrants dismissal.

Subjects

  • land dispute
  • civil writ jurisdiction
  • non‑prosecution
  • substitution petition
  • procedural default

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4513 of 2015
                 ======================================================
           1.     Dilip Kumar Bhagat and Anr Son of Mangal Prasad Bhagat, Resident of
                  Village - Barsoi Bazar Mechhli-Hat, Police Station - Barsoi, District -
                  Katihar.
           2.    Juhi Lal @ Johilal Roy, Son of Ram Lal @ Ram Lal Roy Resident of Village
                 Bhag Barsoi, Police Station - Barsoi, District - Katihar.

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar and Ors
           2.    The Deputy Collector of Land Reforms at Barsoi, District Katihar.
           3.    The Circle Officer, Barsoi, Block District Katihar.
           4.    The Circle Inspector, Barsoi Block, District Katihar.
           5.    Badri Prasad Sah, Son of Late Bodhu Sah, Resident of Village- Barsoi
                 Bazar, Police Station - Barsoi, District - Katihar.
           6.    Chhatu Prasad Sah, Son of Late Ram Bilash Sah,
           7.    Mithoo Prasad Sah, Son of Late Ram Bilash Sah, null
           8.    Bharat Prasad Sah, Son of Late Ram Bilash Sah,
           9.    Bihari Prasad Sah, Son of Late Ram Bilash Sah,
           10. Shambhu Prasad Sah, Son of Late Thakur Prasad Sah,
           11. Ram Prabesh Sah, Son of Late Thakur Prasad Sah,
           12. Priya Nath Sah, Son of Late Rinkoo Prasad Sah,
           13. Jai Narayan Prasad Sah Son of Late Rinkoo Pd. Sah,
           14. Manoj Sah, Son of Late Mathura Prasad Sah, All are resident of village
               Barsoi Bazar, Police Station - Barsoi, District -Katihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      None
                 For the Respondent/s   :      Mr. G.P. Bimal, Adv.
                 For the State          :      Mr. Manoj Kumar Sinha, AC to EX-G.A.9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   12-01-2026                  No one appears on behalf of the petitioner though Mr.

                   G.P. Bimal representing the respondents 5 to 14 is present

                   beside the learned State Counsel.

                               2. The present application has been preferred:
         Patna High Court CWJC No.4513 of 2015(4) dt.12-01-2026
                                                     2/2




                                               against the order dated 26.12.2013

                                   passed by the learned Divisional Commissioner,

                                   purnea in Land Dispute Appeal No. 116 of 2013

                                   and the consequential order dated 30.9.2014

                                   passed by the Deputy Collector, of Land Reforms,

                                   Barsoi District Katihar in Case No. 159 of 2012-13

                                   whereby and whereunder the said authorities have

                                   allowed the claim of Private Respondent no. 5 to

                                   14 over the disputed lands in the Circumstances set

                                   forth below.

                               3. Learned counsel, Mr. Bimal has pointed out that the

                   order dated 19.05.2017 of the Co-ordinate Bench for filing

                   substitution petition has not been complied by the petitioner.

                               4. Be that as it may, since there is no appearance, the

                   writ petition is dismissed for non-prosecution.




                                                 (Rajiv Roy, J)
niku/-

U


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