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Patna High Court

Dinesh Sah and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

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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