Patna High Court
Dinesh Sah and AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioners, who claim to be landless, filed a writ petition seeking a mandamus directing the Circle Officer, Manihari, to deliver possession of 1.14 acres of high‑yielding paddy land and to order compensation for loss of crops. They alleged that the land had been illegally distributed to other respondents but was later cancelled and a Zamabandi was created in their name. No counsel appeared on behalf of the petitioners, although the State was present. The High Court noted the absence of any representation for the petitioners and dismissed the writ petition on the ground of non‑prosecution. No substantive merits of the land‑possession claim were considered.
Issues considered
- Whether the writ petition can be entertained in the absence of any appearance or representation by the petitioners
- Whether a mandamus can be issued directing possession of the disputed land
Subjects
- writ of mandamus
- land possession
- non-prosecution
- civil writ jurisdiction
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8546 of 2017
======================================================
Dinesh Sah and Anr
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. S.C.Yadav-Gp15
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-01-2026 No one appears on behalf of the petitioner though
State is present.
2. The present application has been preferred for the
following relief(s):
That the petitioners being landless
persons having been aggrieved with non
compliance of the orders of Respondents 2 to
5, by respondent 7 i.e.Circle Officer,
Manihari, with all ulterior motive to deliver
possession, to these petitioners,of high
yielding paddy land measuring 1.14 acres of
village Manoharpur Thana No. 278, Kaymi
Khata 16 (Upgraded from undisputed Shikmi
Khata 121, relating to R.S.Plot no. 1344,
illegally distributed to respondents 8 and 9
and 10 earlier but now cancelled and
Zamabandi 1799, created in the name of the
petitioners, seeks indulgence of this Hon'ble
Patna High Court CWJC No.8546 of 2017(2) dt.19-01-2026
2/2
Court with unfettered powers to issue writ of
MANDAMUS or other appropriate writ or
direction to the Distri -t authorities, specially
C. O. Manihari Respondent no.7 for the
following
(i) To deliver possession to the
petitioners * of the said land and dispossess
the Red card holders respondent 8 do 10 as
they are now none but strangers;
and (ii) to direct the District
authorities-District Respondents Ist set to
pay due compensation to these petitioners
who have sustained irreparable loss unduly,
rather due to red tapism for loss of hundreds
of mounds of paddy, grown in the high
yielding DHANI LAND of 1.14 acres
specially due to obstinacy and arrogance of
the C.O., Manihari Respondent no.7.
3. Since there is no appearance, the writ petition is
dismissed for non-prosecution.
(Rajiv Roy, J)
Vijay Singh/-
U
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