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Patna High Court

Anjani Kumar SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution.

Summary

Anjani Kumar Singh filed a writ petition in the Patna High Court seeking to quash several orders passed by the Bihar Land Tribunal, the District Magistrate, the D.C.L.R., and the Circle Officer relating to land mutation and revision matters. The petitioner sought relief including setting aside a common order dated 13‑01‑2017 and an order dated 01‑07‑2015, as well as upholding an order dated 28‑01‑2014. No counsel appeared on behalf of the petitioner at any of the hearings, including the hearing on 24‑09‑2024 and the final hearing on 16‑02‑2026. The court observed that the petitioner had lost interest in the proceedings. Consequently, the High Court dismissed the writ petition on the ground of non‑prosecution.

Issues considered

  • Whether a writ petition may be dismissed for failure to prosecute the case?
  • Whether the orders sought to be set aside can be challenged in the absence of the petitioner's appearance?

Subjects

  • writ petition
  • non-prosecution
  • civil writ jurisdiction
  • land tribunal
  • mutation
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8389 of 2017
                 ======================================================
                 Anjani Kumar Singh S/o Late Dashrathi Saran Singh, resident of village &
                 A.O. Bhagwanpur Bhagwanpur District Kaimur (Bhabhual ... ... Petitioner/s
                                                     Versus
                 1.The State Of Bihar through Principal Secretary Department of Land
                 Revenue, Govt. of Bihar Patna.
                 2. The Chairman, Bihar Land Tribunal, Patna
                 3.The collector, Kaimur at Bhabhua
                 4. The D.C.L.R. Kaimur at Bhabhua
                 5. The Circle Officeer, Bhaganpur
                 6. Sunaina Devi w/o Raju Ram resident of village-Saraya, P.O. Umapur, P.S.-
                 Anchal Bhagwanpur, District- Kaimur (Bhabhua           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        None.
                 For the Respondent/s    :        Mr.Sajid Salim Khan-Sc25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   16-02-2026                   No one appears on behalf of the petitioner though the

                   State is present.

                               2. The present petition has been preferred for the

                   following relief/s:

                                             (i) for quashing/setting aside the common

                                             order dated 13.1.2017 passed in BLT case no.

                                             877 of 2015 by Hon'ble Chairman, The Bihar

                                             Land Tribunal, Patna whereby and where

                                             under she has dismissed the BLT case no. 877

                                             of 2015;

                                             (ii) for setting aside the order dated

                                             01.07.2015 passed by District Magistrate,

                                             Kaimur at Bhabhua in mutation revision case

                                             no. 05/2014-15 whereby and where under he

                                             has allowed the aforesaid revision case after
         Patna High Court CWJC No.8389 of 2017(5) dt.16-02-2026
                                                     2/2




                                           setting aside the order dated 28.01.2014

                                           passed in mutation Appeal No.- 71 of 2013-14

                                           passed by D.C.L.R. Bhabhua along with other

                                           appeal and order passed by the Circle Officer,

                                           Kaimur at Bhabhua in mutation case no. 743 /

                                           2013-14 filed by private respondent no-6 been

                                           affirmed;

                                           (iii) for upholding the order dated 28.01.2014

                                           passed by D.C.L.R. Bhabhua in mutation

                                           Appeal No- 71 of 2013-14;

                                           (iv) for granting any other relief/reliefs for

                                           which the petitioner may be found entitled in

                                           the facts and circumstances of the case..

                                3. The record shows that on 24.09.2024 also when the

                   coordinate bench was hearing the matter, on call, there was no

                   appearance. It seems the petitioner has lost interest in the case.

                               4. Accordingly, the writ petition is dismissed for non-

                   prosecution.



                                                 (Rajiv Roy, J)
Ravi/-

U


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