Dismissed¶23

Maheshwar Prasad Gupta and Anr. v. The State Of Bihar and Ors.

Patna HC24 Jun 2025CWJC/1034/2017

Case brief

AI extract

What is this about?

CWJC No.1034 of 2017, High Court of Judicature at Patna, Rajiv Roy, J, decided 24-06-2025. Keywords: Bihar Land Tribunal; B.L.T. Case No. 376 of 2016; order dated 19.8.2016; alternative remedy not availed; Collector Araria; SDO Forbisganj; Rent Fixation Case No. 39 of 2007-08; dismissal for non-prosecution; quashing of Tribunal order; Araria/Forbisganj land and rent fixation matter.

What did the court decide?

The writ petition is dismissed for non-prosecution as no one appears on behalf of the petitioners. ¶23

Maheshwar Prasad Gupta and Anr. Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1034 of 2017

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======================================================

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Maheshwar Prasad Gupta and Anr son of Late Ram Khelawan Gupta,

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Meera Gupta, W/O Maheshwar Prasad Gupta, Both R/o Mohalla - Ward No. 7, Farbisganj, P.S. - Farbisganj, Distt. - Araria.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The District Collector-cum-District Magistrate, Araria.

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Samir Kumar Dey, S/o Late Ramtal Chandra Dey, R/O Mohalla - Bengali Tola, Ward No. 16, Forbisganj, P.S. - Forbisganj, Distt. Araria, at present Ward No. 7, Hospital Raod, Forbisganj, Araria.

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Parmanand Sharma, son of Harihar Prasad Sharma, R/O mohalla - Lee Academy Road, Ward No. 10, Forbisganj, P.S. - Forbisganj, Distt. Araria.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : None. For the Respondent/s : Mr.Md. Khurshid Alam, AAG-12 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 24-06-2025

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No one appears on behalf of the petitioners though

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Mrs. Nutan Sahay, learned State Counsel is present.

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2.The present petition has been preferred for the

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following relief/s:

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(i) for quashing the order dated 19.8.2016 passed by the Chairman of Bihar Land Tribunal, Patna in B.L.T. Case No. 376 of 2016 wherein and whereby the learned Chairman, Bihar Land Tribunal, Patna has dismissed the B.L.T. Case по. 376/2016 on

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Patna High Court CWJC No.1034 of 2017(2) dt.24-06-2025 2/2

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the ground that this application is not maintainable because petitioners have not availed alternative remedy and impugned order is not a final order.

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Learned State Counsel has taken this Court to the order passed by the Collector, Araria to show that he has passed a reasoned order to annul the earlier order passed in favour of the petitioner by the Sub-Divisional Officer, Forbisganj in Rent Fixation Case No. 39 of 2007-08 and the Tribunal rightly after recording that the petitioners have not availed the alternative remedy, dismissed the petition.

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Though there is force in the stand of the State, in view of the fact that no one appears on behalf of the petitioners, the same is dismissed for non-prosecution.

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(Rajiv Roy, J)

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Ravi/-

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Maheshwar Prasad Gupta and Anr. v. The State Of Bihar and Ors.

Case brief

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Maheshwar Prasad Gupta and Anr. v. The State Of Bihar and Ors.

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