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Patna High Court

Most. Shanti DeviversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ petition is dismissed for non‑prosecution.

Summary

The petitioner, Shanti Devi, sought a mandamus writ directing state authorities to restrain private respondents No.5 and No.6 from forcibly dispossessing her homestead land granted under the Bihar Privilege Act in 1962. The petition was filed in 2018, and the court repeatedly granted time for the petitioner to file a rejoinder, but no appearance or submission was made. Subsequent hearings in 2022 and 2023 also recorded the petitioner’s non‑appearance. After three years, the matter was again listed and still no petitioner appeared. The court therefore dismissed the writ petition on the ground of non‑prosecution.

Issues considered

  • What relief, if any, can be granted when the petitioner fails to appear or prosecute the writ petition?

Subjects

  • writ jurisdiction
  • mandamus
  • non‑prosecution
  • land dispossession
  • homestead tenancy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.870 of 2018
                  ======================================================
                  Most. Shanti Devi Wife of Late Thakur Roy, resident of Village Itahiyan
                  Amar Chapra, Via Khera, Police Station- Mufassil Chapra, Distt.- Saran.

                                                                              ... ... Petitioner/s
                                                       Versus
            1.    The State Of Bihar and Ors
            2.    The District Magistrate, Saran, at Chapra.
            3.    The Deputy Collector, Land Reforms, Sadar Chapra at Chapra.
            4.    The Circle Officer, Sadar Chapra, Saran at Chapra.
            5.    Sri Kedar Manjhi, Son of Late Katru Manjhi, resident of Village Itahiyan
                  Amar Chapra Via Khera P.S. Mufassil Chapra, Distt.- Saran.
            6.    Sri Ranjeet Rai, Son of Late Bhagwati Rai, resident of Village Itahiyan
                  Amar Chapra via, Khera, P.S. Mufassil Chapra, District- Saran.
            7.    The Commissioner, Saran Division, Saran at Chapra.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :        None
                  For the Respondent/s   :        Mr. Raj Kishore Roy -GP18
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

10   27-02-2026                   No one appears on behalf of the petitioner though

                    State is present.

                                2. The present application has been preferred for the

                    following relief(s):

                                                       (i) For issuance of writ in the
                                             nature of mandamus directing the state
                                             respondent authorities to restrain the private
                                             respondent no.5 and 6 those are forcibly
                                             trying to dispossess to the petitioner from his
                                             Homestead land which is granted under
                                             provision of Bihar privilege Act person
                                             Homestead Tenancy in the year 1962 bearing
           Patna High Court CWJC No.870 of 2018(10) dt.27-02-2026
                                                       2/2




                                            khata no. 228 measuring area 0.6 decimal as
                                            dispute of repeated complain in this regard
                                            state respondent setting over the matter.
                                                         (ii) For issuance of any other
                                            relief/reliefs to which the petitioner may be
                                            entitled in the eye of law.
                                 3. The record shows that on 13.09.2022, four weeks’

                     time was granted to the petitioner to file rejoinder. It was not

                     filed and as such, again two weeks’ time was granted on

                     11.10.2022 by the Co-ordinate Bench. On 01.02.2023, another

                     Co-ordinate Bench recorded that no one has appeared on behalf

                     of the petitioner and the matter was posted for 22.02.2023.

                                 4. Three years later, when the case has been called

                     out, there is again no appearance.

                                 5. In that background, the writ petition is dismissed

                     for non-prosecution.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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