Patna High Court
Most. Shanti DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
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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