Patna High Court
Alok ChoudharyversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
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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