Jayantdhari Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9300 of 2016 ====================================================== 1.

Jayantdhari Singh and Anr Son of late Sidheshwardhari Singh 2.

Arbind Singh Sono f late Awadheshdhari Singh Both Resident of VillageAchhua, PS Dulhin Bazar, District Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Additional Collector, Patna Collectriate Patna. 3.

Anchal Adhikari Dulhin Bazar Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Manish Kumar, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-02-2024 No one appears on behalf of the petitioner though learned Mr. Manish Kumar, G.P.-4 is present.

2. The present writ application has been preferred for the following relief:

"That this petition is for issuance of a writ of certiorari for quashing of the proceeding drawn up by Addl. Collector Patna (Respondents No. 2) in Jamabandi cancellation case no. 38/2015 for cancellation of Jamabandi, for which the notice has been issued by Respondents no. 2 on 16.10.15 in the name of petitioners (Annexure 1) on the ground that notice issued in the name of petitioners is not in accordance with Rule 13 (3) of the Bihar Land

Patna High Court CWJC No.9300 of 2016(2) dt.21-02-2024 2/2 Mutation Rules 2012 herein after referred to as Rules 2012 and is thus vague ambiguous and against the mandatory provision of Rules."

3. Learned State counsel submits that the order passed by the Additional Collector, Patna is appealable. Instead of availing that opportunity, the present petition has been preferred.

4. This Court finds force in the submission put forward by the learned State counsel that instead of preferring an appeal before an appropriate authority, the writ petition has been filed.

5. Be that as it may, since no one has appeared to press the petitioner, the same is dismissed for non-prosecution. (Rajiv Roy, J) Adnan/- U