Patna High Court
Sudhir DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR
Holding
The court ordered the restoration of the petitioners' appeal and directed the Divisional Commissioner to hear it on merit within three weeks.
Summary
The petitioners, members of the Das family, filed a writ petition seeking mandamus to restore their appeal (BLDR Appeal No. 34 of 2025‑26) which had been dismissed on default by the Divisional Commissioner, Purnea, and to set aside an order dated 29‑05‑2025 in BLDR case No. 114 of 2024‑25. They alleged that the dismissal was ex‑parte and that they were denied a fair hearing, violating principles of natural justice. The court examined the procedural history, noting that the restoration application had been rejected because the petitioners failed to appear on five occasions. Justice Alok Kumar held that the Divisional Commissioner should have heard the appeal on its merits and therefore directed the Commissioner to restore the appeal and hear it within three weeks. The writ petition was thereafter disposed.
Issues considered
- Whether the Divisional Commissioner erred in dismissing the appeal for default without affording a hearing.
- Whether the order dated 29‑05‑2025 in BLDR case No. 114 of 2024‑25 is legally infirm and can be set aside.
- Whether a writ of mandamus is the appropriate remedy to enforce the right to a fair hearing and restoration of the appeal.
Subjects
- writ petition
- mandamus
- natural justice
- appeal restoration
- default dismissal
- land reforms
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8148 of 2026
======================================================
1. Sudhir Das S/o- Late Kala Das @ Kala Lal Das R/o Village- Ward no.- 28,
Dharamganj, Manjhiya road/ P.O and P.S - Kishanganj District- Kishanganj.
2. Usha Devi, W/o Sudhir Das R/o Village- Ward no.- 28, Dharamganj,
Manjhiya road/ P.O and P.S - Kishanganj District- Kishanganj.
3. Amar Kumar Das, S/o- Sudhir Das R/o Village- Ward no.- 28, Dharamganj,
Manjhiya road/ P.O and P.S - Kishanganj District- Kishanganj.
4. Alok Kumar Das @ Sonu Kumar Das, S/o- Sudhir Das R/o Village- Ward
no.- 28, Dharamganj, Manjhiya road/ P.O and P.S - Kishanganj District-
Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms, Govt.
of Bihar, Patna.
3. The Divisional Commissionaire, Purnea.
4. The District Magistrate cum Collector, District- Kishanganj.
5. The Deputy Collector Land Reforms (DCLR), Kishanganj, District-
Kishanganj.
6. The Circle Officer, Kishanganj, District- Kishanganj.
7. Sarita Devi, W/o Rajesh Mahto R/o- Dharmshala road Sudhibasti, P.O. and
P.S - Kishanganj District- Kishanganj, At present- ward no.- 28,
Dharamganj, Miyan basti near Masjid P.O. and P.S.- Kishanganj District-
Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praween Kumar, Advocate
Mr. Vivek Kumar Sinha, Advocate
For the Respondent/s : Mr. Sanjay Kumar, AC to G P- 17
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR
ORAL ORDER
2 24-06-2026 Heard Mr. Praween Kumar, learned counsel for the
petitioners and Mr. Sanjay Kumar, learned counsel for the State.
2. The writ petition has been filed by the petitioner for
Patna High Court CWJC No.8148 of 2026(2) dt.24-06-2026
2/3
following reliefs:-
“a. For the issuance of an appropriate writ/writs
in the nature of mandamus for direction to restore the appeal
of B.L.D.R Appeal No. 34 of 2025-26 which was pending
before the Divisional Commissioner, Purnea and has
dismissed the appeal leading to "Dismissed on Default" on
dated 12.11.25.
b. For the issuance of an appropriate writ/ writs
in the nature of mandamus for direction to set aside the order
dated 29.05.25 passed in BLDR case no. 114 of 2024-25
passed by D.C.L.R Kishanganj as such the order is bad in law
and unconstitutional as well.
c. For the direction to adjudicate the matter under
the umbrella of principal of natural justice which is
prevailing between the parties.
d. Pass an appropriate direction awarding
compensation to the petitioner for the mental agony, financial
loss and hardship faced due to the inaction of the concerning
respondents.
e. For the direction to the concern respondents so
that to protects the right of the petitioner.
f. Pass any other writ(s), order(s), or direction(s)
as may be deemed fit and proper in the interest of justice.”
3. The counsel for the petitioners submits that the
appeal of the petitioners being Appeal No. 34 of 2025-2026 has
been dismissed for default and no sufficient opportunity was
given to the petitioners for redressal of their grievances.
4. From perusal of the order dated 12.11.2025
indicates to the fact that it is an ex-parte order. For the
restoration of the same, the petitioners have filed restoration
application which was also dismissed in limine on the reason
that the petitioners have not appeared on last five occasions. In
view of the aforesaid facts I am of the view that the Divisional
Patna High Court CWJC No.8148 of 2026(2) dt.24-06-2026
3/3
Commissioner, Purnea ought to have heard the petition on merit.
Looking into things in totality I hereby direct the Divisional
Commissioner, Purnea to restore the appeal being Appeal No.
34 of 2025-26 and hear the same on merit within a period of
three weeks.
5. With the aforesaid observation and direction, the
present writ petition is disposed of.
(Alok Kumar, J)
khushbu/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.