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Patna High Court

Pramila Saha and OrsversusThe State Of Bihar and Ors

Decided
Disposal
CONSIGNED

Holding

Non‑compliance with the Court’s peremptory order to file a jointness petition results in dismissal of the petition.

Summary

The petitioners, heirs of the late Bishwamohan Sah, filed a civil writ petition before the Patna High Court against the State of Bihar and several revenue officials. The Court directed the petitioners to file a jointness petition within four weeks, dated 30‑08‑2025. The petitioners failed to comply with this peremptory order. Consequently, the Court dismissed the petition on 27‑09‑2025. The dismissal was based solely on procedural non‑compliance, and no substantive merits were considered.

Issues considered

  • Whether the petitioners complied with the Court’s peremptory order to file a jointness petition
  • Whether non‑compliance with a peremptory order warrants dismissal of the petition

Subjects

  • procedural law
  • peremptory order
  • dismissal
  • jointness petition
  • civil writ jurisdiction

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Civil Writ Jurisdiction Case No.8473 of 2016
                     ======================================================
                1.    Pramila Saha and Ors Wife of Late Bishwamohan Sah,
                2.   Ajit Kumar Saha, Son of Late Bishwamohan Sah,
                3.   Vijay Kumar Saha @ Vijay Kumar Son of Late Bishwamohan Sah,
                4.   Renu Sah, daughter of Late Bishwamohan Sah W/o Dinesh Prasad Saha, All
                     are resident of Village and P.O.- Damgara P.S.- Dhamdaha, District- Purnea.
                                                                               ... ... Petitioner/s
                                                         Versus
                1.   The State Of Bihar and Ors
                2.   The Principal Secretary, Revenue and Land Reforms Department, Govt. of
                     Bihar, Old Secretariat, Pat
                3.   The Joint Secretary, Revenue and Land Reforms Department, Govt. of Bihar
                     Old Secretariat, Patna.
                4.   The Commissioner Purnea Division Purnea District- Purnea.
                5.   The Collector Purnea District- Purnea.
                6.   The Additional Collector, Revenue, Purnea District- Purnea.
                7.   The Deputy Collector, Revenue, Purnea District- Purnea.
                8.   The Circle Officer Dhamdaha District- Purnea.
                9.    Yamuna Prasad Saha, S/o Kunjilal Saha, resident of Village and P.O.-
                      Damgara P.S. Dhamdaha, District- Purnea.
                                                                         ... ... Respondent/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :      Mr. Shankar Kumar, Adv.
                     For the Respondent/s     :      Mr. Ajay, Ga12
                ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                           ORAL ORDER
4    03-02-2026            In this case, on 30.08.2025, four weeks’ time was granted to

                       file jointness petition.

                                    2. As it was a peremptory order and not complied, stood

                       dismissed on 27.09.2025.

                                    3. Perused the file, consigned.




                                                     (Rajiv Roy, J)
Vijay Singh/-

U


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