Patna High Court
Smt. Amerika DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The petition was dismissed because the petitioner failed to comply with the peremptory order to file a substitution petition within the stipulated time.
Summary
The petition was filed by Smt. Amerika Devi seeking to set aside two orders: one dated 03‑01‑2017 passed by the Bihar Land Tribunal in cases 1366/2015 and 1367/2015, and another dated 09‑06‑2015 passed by the Additional Collector, Samastipur, in Jamabandi Cancellation Case No. 72 of 2013‑14 (heard with Rent Fixation Appeal No. 76/2013‑14). The petitioner was directed on 01‑09‑2025 to file a substitution petition within four weeks, a peremptory direction that was not complied with. Consequently, the High Court dismissed the petition on 07‑10‑2025 for non‑compliance with the peremptory order. The court noted that the file was perused and consigned without further hearing. The dismissal effectively upheld the earlier orders of the Tribunal and the Additional Collector.
Issues considered
- Whether the petitioner is entitled to set aside the Bihar Land Tribunal orders dated 03‑01‑2017.
- Whether the petitioner can set aside the Additional Collector’s order dated 09‑06‑2015.
- Whether the failure to file a substitution petition as directed warrants dismissal of the writ petition.
Subjects
- writ jurisdiction
- land reform
- substitution petition
- peremptory order
- petition dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7182 of 2017
======================================================
Smt. Amerika Devi W/o Sri Chandra Shekhar Yadav, Resident of Village-
Sahiyar Burj, P.O. AnchalP.S.-Rosera, District- Samastipur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector, Samastipur.
3. The Additional Collector , Samastipur,
4. The Deputy Collector Land Reforms, Rosera, Samastipur.
5. The Circle Officer, Rosera, Samastipur.
6. Meghu Das , Son of Late Laxman Das .
7. Bindo Das, Son of Late Laxman Das,
8. Kiro Das , Son of Late Laxman Das,
9. Chhabbu Das, Son of Late Bhola Das,
10. Jahar Das, Son of Late Bhola Das,
11. Muso Das , Son of Late Bhola Das, No.6to11, Resident of Village- Sahiyar
Burj, P.O.P.S.-Rosera, District- Samastipur.
12. Mahanth Deep Narayan Das , Chela of Mahanth Thakur Das, Resident of
Kabir Math, Laxmi Bagicha, P.O.P.S.- Rosera, District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kishore, Advocate
For the Respondent/s : Mr. Sajid Salim Khan- SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 19-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for setting aside the order dated
03.01 2017 passed by the Learned Bihar Land
Tribunal Court Patna in B.L.T. Case No.
1366/2015 and B.L.T. Case No. 1367 of 2015
Patna High Court CWJC No.7182 of 2017(6) dt.19-01-2026
2/2
and setting aside the order dated 09.06.2015
passed by the Learned Additional Collector,
Samastipur in Jamabandi Cancellation Case No.
72 of 2013-14 which was heard alongwith Rent
Fixation Appeal No. 76/2013-14 which was
allowed by his Common order. or pass such
other direction/s order/s writ/s for the petitioner
is found to entitled in the facts and
circumstances of the case.”
3. In this case on 01.09.2025, direction was given to
file substitution petition in four weeks.
4. As it was a peremptory order and not complied, it
stood dismissed on 07.10.2025.
5. Perused the file, consigned.
(Rajiv Roy, J)
vinayak/-
U
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