Disposed¶28

Madan Mohan Nisad v. The State of Bihar

Patna HC19 Jun 2025C. REV./29/2020

Case brief

AI extract

What is this about?

Civil Review No. 29 of 2020; CWJC No. 20599 of 2019; Patna High Court; Rajiv Roy, J.; decision 19-06-2025; review sought of dismissal order dated 18.10.2019 by Justice Prabhat Kumar Jha; dismissal ground: appeal pending before appellate authority filed by Respondent/O.P.; petition not maintainable; Collector negated petitioner's case on technical ground, dismissed for non-prosecution; liberty to file proper suit in competent Civil Court; review petition disposed of; Madan Mohan Nisad; State of Bihar; Land Revenue Department; Katihar; Kadawa Circle Officer; Amrendra Kumar Shrivastawa; Nutan Sahay AC to AAG-12.

What did the court decide?

Liberty granted to the petitioner to approach the competent Civil Court by filing a proper suit for redressal of his grievance; the review petition itself stands disposed of. ¶28

Madan Mohan Nisad Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to approach the competent Civil Court by filing a proper suit for redressal of his grievance; the review petition itself stands disposed of.

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Issue for consideration

Whether the Civil Review petition (No. 29 of 2020, seeking review of the 18.10.2019 dismissal of CWJC No. 20599 of 2019) should be further prosecuted, or disposed of with liberty to the petitioner to seek redressal of his grievance through a properly constituted civil suit, given the Collector's prior technical-ground dismissal for non-prosecution.

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Court's answer

Upon learned counsel for the petitioner candidly submitting that the Collector had already negated the petitioner's case on a technical ground (dismissed for non-prosecution) and that he would approach the competent Civil Court by filing a proper suit for redressal of his grievance, the Court appreciated the points put forward and granted the said liberty.

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Ratio / Principle

The Civil Review petition stands disposed of (not adjudicated further) upon granting the petitioner liberty to pursue his grievance in the competent Civil Court.

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Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), Oral Order dated 19-06-2025, Civil Review No. 29 of 2020 (arising out of CWJC No. 20599 of 2019). The review petition sought review of the order dated 18.10.2019 passed by Hon'ble Mr. Justice Prabhat Kumar Jha (as his Lordship then was), whereby the petitioner's writ petition was dismissed on the ground that an appeal filed by the Respondent/O.P. was pending before the appellate authority, rendering the petition not maintainable. After some arguments, learned counsel for the petitioner candidly submitted that the Collector had already negated the petitioner's case on a technical ground (dismissed for non-prosecution) and undertook to approach the competent Civil Court by filing a proper suit for redressal of his grievance. Appreciating the points put forward and granting the said liberty, the Court disposed of the review petition. Parties: Madan Mohan Mohan Nisad (petitioner) v. State of Bihar through Chief Secretary, Principal Secretary (Land Revenue), DM Katihar, Additional Collector Katihar and Circle Officer Kadawa (Opposite Parties). Counsel: Amrendra Kumar Shrivastawa for petitioner; Mrs. Nutan Sahay, AC to AAG-12, for Opposite Parties.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No.29 of 2020

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Civil Writ Jurisdiction Case No.20599 of 2019

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

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Madan Mohan Nisad S/o Jagannath Singh Resident of Malahi Tola, Manihari, Katihar, District- Katihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through its Chief Secretary, Government of Bihar, Old Secretariat, Patna.

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The Principal Secretary, Land Revenue Department, Government of Bihar, Patna.

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The District Magistrate, Katihar, Bihar, Patna.

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The Additional Collector, Katihar.

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The Circle Officer, Kadawa, District- Katihar.

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... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr. Amrendra Kumar Shrivastawa, Advocate For the Opposite Party/s : Mrs. Nutan Sahay AC to AAG-12

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

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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4 19-06-2025 Heard the parties.

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The present petition has been preferred for the

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following relief(s):

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“for reviewing the order dated

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18.10.2019 passed by the Honble Mr. Justice Prabhat Kumar Jha (as his lordship then was) in CWJC No. 20599 of 2019 whereby and whereunder the Hon’ble Court has dismissed the petition of the petitioner on the point that since an appeal is pending before the appellate authority filed by the

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Patna High Court C. REV. No.29 of 2020(4) dt.19-06-2025 2/2

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Respondent/O.P. so this petitioner is not maintainable, hence dismissed.”

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After some arguments, learned counsel for the petitioner candidly submits that since the Collector has already negated the case of the petitioner though on technical ground (It has been dismissed for non prosecution), he shall be approaching the competent Civil Court by filing a proper suit for redressal of his grievance.

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Appreciating the points put forwarded by the learned counsel for the petitioner and granting said liberty, the petition stands disposed of.

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(Rajiv Roy, J)

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Adnan/-

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Madan Mohan Nisad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Madan Mohan Nisad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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