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Patna High CourtCWJC/13354/2016dismiss for nonprosecution

Nizamuddin @ Md. Nizamuddin And ANR v. The State Of Bihar And ORS

2025-07-28Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13354 of 2016 ====================================================== 1.

Nizamuddin @ Md. Nizamuddin 2.

Alauddin @ Md. Alauddin Both sons of Hadish resident of Park Tola, P.s.- Araria, District- Araria.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Collector, Araria.

3.

The Deputy Collector Land Reforms, Araria-cum Sub Divisional Officer, Araria.

4.

Krishna Nandan Roy Son of Late Sri Narayan Roy and 5.

Swarnlata Roy @ Swarnlata Devi wife of Krishna Nandan Roy Both residents of Park Tola, P.S. and Town- Araria, District- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Sunil Kumar Mandal- SC-3 Mr. Arjun Prasad, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-07-2025 No one appears on behalf of the petitioners though the State is present.

2. The present petition has been preferred for the following relief(s):

"(i) To issue a writ of certiorari by setting aside the order dated 27th May, 2016Annexure-2 passed in 'Bihar Land Tribunal (BLT) Case No. 386 of 2013-Krishna Nandan Roy and Another Vs. The State of Bihar and others' which arose out of CWJC No. 12582 of 2004 under

Patna High Court CWJC No.13354 of 2016(2) dt.28-07-2025 2/2 orders dated 01.04.2013 (Annexure-1);

(ii) To restore the order dated 14.07.2004 (Annexure-3) passed by the Collector, Araria in Appeal No. 17 of 1998-99 as well as the order dated 28.05.1998 (Annexure-4) passed by the Deputy Collector Land Forms in Bihar Tenancy Act Case No. 24 of 1997-98.

(iii) To direct for payment of cost of this litigation;

(iv) Any other relief or relief(s) which the petitioner may be found entitled to in the facts and circumstances of the case."

3. The State counsel submits that the matter was remitted back to the appellate authority for deciding it on merit and instead of agitating the matter before the appellate Court, the other side has come to this Court.

4. Be that as it may, since there is no appearance, the writ petition stands dismissed for non-prosecution. (Rajiv Roy, J) Adnan/- U