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Patna High CourtCWJC/11507/2017dismiss for nonprosecution

Bachhu Sah And ANR v. The State Of Bihar And ORS

2025-04-22Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11507 of 2017 ====================================================== 1.

Bachhu Sah son of Babu Chand Sah 2.

Ramdeo Sah son of Atharwan Sah Both are residents of Village - Machharganwa, Tola Rohua, Police Station - Kotwa, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, East Champaran at Motihari. 3.

The L.R.D.C., Motihari Sadar, East Champaran. 4.

Devilal Sah son of Mundrika Sah Resident of Village - Machharganwa, Tola - Rohua, Police Station - Kotwa, District - East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Sajid Salim Khan -Sc25 For Respondent No. 4 :

Mr. Dhurendra Kr., Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-04-2025 No one appears for the petitioner while learned counsel for the State is present.

2. The writ petition has been filed for:- "setting aside the order dated 08.02.2017 passed in case No.

14/2015-16 by learned DCLR, Motihari Sadar, East Champaran contained in Annexure-5 and to further stay the operation of order dated 08.02.2017 passed in case No.

Patna High Court CWJC No.11507 of 2017(2) dt.22-04-2025 2/2 14/2015-16 till the pendency of this application and / or for any other relief / reliefs for which the petitioners are found entitled in the facts and circumstances of the case."

3. Learned State counsel submits that the last paragraph of the order of learned Deputy Collector, Land Reform, Motihari Sadar, East Champaran clearly shows that if aggrieved, they should have moved before the Divisional Commissioner, Tirhut Division, Muzaffarpur. However, by passing the aforesaid forum, the writ petition.

4. Though there is force in the submission of learned State Counsel, since there is no appearance on behalf of the petitioners, the writ petition stands dismissed for non prosecution.

(Rajiv Roy, J) perwez U