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2016 DAILYLAW 1781 (PAT)

Sree Nath Mandal v. The State Of Bihar and Ors

MJC/999/2016 · 2026-07-09

Rajiv Roy

body2016

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.999 of 2016 In Civil Writ Jurisdiction Case No.20365 of 2012 ====================================================== Sree Nath Mandal Son of Sree Mohan Lal Mandal Resident of Village- Gairiya PO. Chandpur, P.S and Anchal Kadwa, District Katihar. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Collector Cum District Magistrate, Katihar. 3. The Deputy Collector, land Reforms, Barsoi Sub Division District Katihar. 4. The Circle Officer, Cum chairman of Board, Anchal Kadwa, District Katihar. 5. Sachindra Prasad Poddar Son of late Kesar Lal Poddar 6. Digan Poddar Son of late Kesar Poddar 7. Most. Tara Devi Wife of Ramu Poddar Resident of Village- Bhelai, PO. Ragheri, P.S- Kadwa, District Katihar. 8. Bina Devi Wife of Bharat Lal Poddar Resident of Village Bhelai, P.O. Ragheri, P.S Kadwa, District Katihar. 9. Mina Devi Wife of Subodh Poddar R/o Village- Kuresel P.O. Jhauwa, P.S. Kadwa, District Katihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Helal Ahmad, Advocate For the State : Mr. Ajay, GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 09-07-2026 Heard the parties. 2. The present petition has been preferred: “for extension of time to file BLT Case before the Bihar Land Tribunal, Patna for modifying the order dated 08.10.2015 passed by the Hon’ble Court in CWJC No. 20365 of 2012.” 3. The petitioner earlier moved in CWJC NO. 20365 Patna High Court MJC No.999 of 2016(2) dt.09-07-2026 2/3 of 2012 (Sree Nath Mandal vs. the State of Bihar and Ors.) which came to be disposed of on 08.10.2015 allowing the petitioner to file an appropriate petition before the Bihar Land Tribunal, Patna (henceforth for short ‘the BLT’) within a period of two months. 4. It seems the petitioner failed to file within a period of two months and thus made a prayer for extension of time by filing the present modification petition which was registered on 17.03.2016. 5. The office record shows that it was first seen on 11.07.2025 which followed the office notes dated 21.01.2026 as under: “Submitted for orders for modification of order dated 08.10.2015 passed in CWJC No.20365 of 2012 before the Hon’ble Assigned Bench of MJC.” 6. Office to submit a show cause as to why it took nine long years to check/send the file for an appropriate order. 7. The respondent nos. 5 to 9 are represented in the Court and submitted that though in principle, they are not objecting to the filing of the petition, it seems that even the petitioner was uninterested as he never ever took any step for its Patna High Court MJC No.999 of 2016(2) dt.09-07-2026 3/3 early hearing. 8. Considering the aforesaid fact and after recording word of appreciation for the respondents in not objecting to the modification of the order, the modification petition stands allowed. The order dated 08.10.2025 passed in CWJC No.20365 of 2012 is modified to the extent that if the petitioner files a petition within a period of four weeks from today, the same be entertained by the Tribunal. 9. List this case on 23.07.2026 under the heading ‘To Be Mentioned’ to peruse the show cause to be filed on behalf of the concerned office staff. vinayak/- (Rajiv Roy, J) U