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Patna High Court

Alok ChoudharyversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ petition is dismissed for want of prosecution.

Summary

Alok Choudhary filed a writ petition seeking a direction to the State of Bihar’s water resources officials to affirmatively decide on his application dated 7 January 2017 (and a reminder on 21 January 2017) for the extension or grant of lease of a 9‑decimal land parcel (Khata No.456, Plot No.8) that had been leased to him since 1994 and again in 2012 following earlier court orders. The petition relied on prior orders in LPA No.1089/2013 and CWJC No.9189/2012. No counsel appeared on behalf of the petitioner, while the State was represented. The Court, noting the lack of prosecution of the petition, dismissed it for want of prosecution. The dismissal was an order of the Patna High Court under civil writ jurisdiction.

Issues considered

  • What relief, if any, can be granted when a writ petition is not prosecuted by the petitioner?

Subjects

  • lease extension
  • land lease
  • civil writ jurisdiction
  • want of prosecution
  • Patna High Court
  • water resources department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4967 of 2017
                 ======================================================
                 Alok Choudhary Son of Late Ram Chandra Choudhary, resident of
                 Village/Mohalla- Maulanabagh, P.S.- Daudnagar, District- Aurangabad.

                                                                  ... ... Petitioner/s
                                                 Versus
           1.    The State Of Bihar through Principal Secretary, Water Resources
                 Department, Government of Bihar, Patna
           2.    The Executive Engineer, Irrigation Sub-Division, Daudnagar, Aurangabad.
           3.    The Sub Division Officer, Irrigation Sub Division, Daudnagar, Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      None
                 For the State            :      Mr. Vinay Kirti Singh, GA-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   09-02-2026                     No one appears on behalf of the petitioner though

                   State is present.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “for a direction to the respondents to

                                        take affirm decision on the application dated

                                        07.01.2017    followed      by     reminder   dated

                                        21.01.2017 filed by the petitioner with regard to

                                        extension/ grant of lease of the land bearing

                                        Khata No.456, Plot No.8 measuring an area of 9

                                        decimals standing in the name of Irrigation

                                        Department, Government of Bihar which was

                                        leased in favour of the petitioner since 1994 to
            Patna High Court CWJC No.4967 of 2017(3) dt.09-02-2026
                                                         2/2




                                         2012, in favour of the petitioner after an order

                                         passed     by     the       Hon'ble    Court    in   L.P.A.

                                         No.1089/2013 disposed of vide order dated

                                         17.10.2016        arising       out     of     C.W.J.C.No.

                                         9189/2012        disposed       of    vide   order   dated

                                         15.03.2013.”


                                  3. For want of prosecution, the writ petition is

                      dismissed.



                                                    (Rajiv Roy, J)
vinayak/-

U


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