Created by Fuzzy Cloud

Patna High Court

Sita Ram RaiversusThe State Of Bihar and Ors

Decided
Disposal
CONSIGNED

Holding

The petition was dismissed for failure to comply with the Court’s peremptory direction to file a fresh vakalatnama.

Summary

Petitioner Sita Ram Rai filed a writ petition seeking to set aside a July 8, 2014 order of the Bihar Land Tribunal (Case No. 727 of 2013) and to stay a subsequent May 13, 2015 order arising from that decision. The High Court granted the petitioner two weeks, until July 14, 2025, to file a fresh vakalatnama as directed. The petitioner failed to comply with this peremptory direction, and consequently the petition was dismissed on July 28, 2025. No substantive merits of the petition were considered. The dismissal was based solely on procedural non‑compliance.

Issues considered

  • Whether the order of the Bihar Land Tribunal dated 08‑07‑2014 can be set aside by the High Court.
  • Whether a stay of the order dated 13‑05‑2015 can be granted pending disposal of the petition.
  • Whether the petitioner’s failure to file a fresh vakalatnama warrants dismissal of the petition.

Subjects

  • Land Tribunal
  • Setting aside order
  • Stay of order
  • Vakalatnama
  • Civil writ jurisdiction
  • Procedural compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8312 of 2015
                 ======================================================
                 Sita Ram Rai Son of Guli Rai, resident of Village Deep, P.S- Madhepur,
                 District- Madhubani
                                                                          ... ... Petitioner/s
                                                    Versus
           1.     The State Of Bihar
           2.    The Principal Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar, Patna
           3.    The Commissioner, Darbhanga, Division- Darbhanga.
           4.    The District Magistrate, Madhubani.
           5.    The Deputy Collector, Land Reforms, Jhanjharpur, Madhubani.
           6.    The Circle Officer, Lakhnaur, Jhanjharpur, Madhubani.
           7.     Sri Kedarnath Jha son of Late Lekhnath Jha, resident of village- Deep, P.S-
                  Madhubani, District- Madhubani
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok, Advocate
                 For the State            :       Mr. Dhirendra Kumar, AC to AAG-6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   13-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “(i) for setting aside the order dated

                                        08.07.2014 passed in B.L.T. Case No. 727 of

                                        2013 by the Bihar Land Tribunal, Patna and

                                        other consequential orders passed in this regard.

                                                  (ii) to stay the order dated 13.05.2015

                                        passed in B.L.T. Case No. 170 of 2015 arising

                                        out of B.L.T. Case No. 727/13 order dated

                                        08.07.2014 till the disposal of this case.”
            Patna High Court CWJC No.8312 of 2015(6) dt.13-01-2026
                                                        2/2




                                  3. In this case on 14.07.2025, two weeks’ time was

                      granted to file fresh vakalatnama.

                                  4. As it was a peremptory order and not complied, it

                      stood dismissed on 28.07.2025.

                                  5. Perused the file, consigned.



                                                    (Rajiv Roy, J)
vinayak/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.