IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8148 of 2026 ====================================================== 1. Sudhir Das S/o- Late Kala Das @ Kala Lal Das R/o Village- Ward no.- 28, Dharamganj, Manjhiya road/ P.O and P.S - Kishanganj District- Kishanganj. 2. Usha Devi, W/o Sudhir Das R/o Village- Ward no.- 28, Dharamganj, Manjhiya road/ P.O and P.S - Kishanganj District- Kishanganj. 3. Amar Kumar Das, S/o- Sudhir Das R/o Village- Ward no.- 28, Dharamganj, Manjhiya road/ P.O and P.S - Kishanganj District- Kishanganj. 4. Alok Kumar Das @ Sonu Kumar Das, S/o- Sudhir Das R/o Village- Ward no.- 28, Dharamganj, Manjhiya road/ P.O and P.S - Kishanganj District- Kishanganj. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna. 3. The Divisional Commissionaire, Purnea. 4. The District Magistrate cum Collector, District- Kishanganj. 5. The Deputy Collector Land Reforms (DCLR), Kishanganj, District- Kishanganj. 6. The Circle Officer, Kishanganj, District- Kishanganj. 7. Sarita Devi, W/o Rajesh Mahto R/o- Dharmshala road Sudhibasti, P.O. and P.S - Kishanganj District- Kishanganj, At present- ward no.- 28, Dharamganj, Miyan basti near Masjid P.O. and P.S.- Kishanganj District- Kishanganj. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Praween Kumar, Advocate Mr. Vivek Kumar Sinha, Advocate For the Respondent/s : Mr. Sanjay Kumar, AC to G P- 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 2 24-06-2026 Heard Mr. Praween Kumar, learned counsel for the petitioners and Mr. Sanjay Kumar, learned counsel for the State. 2. The writ petition has been filed by the petitioner for Patna High Court CWJC No.8148 of 2026(2) dt.24-06-2026 2/3 following reliefs:- “a. For the issuance of an appropriate writ/writs in the nature of mandamus for direction to restore the appeal of B.L.D.R Appeal No. 34 of 2025-26 which was pending before the Divisional Commissioner, Purnea and has dismissed the appeal leading to "Dismissed on Default" on dated 12.11.25. b. For the issuance of an appropriate writ/ writs in the nature of mandamus for direction to set aside the order dated 29.05.25 passed in BLDR case no. 114 of 2024-25 passed by D.C.L.R Kishanganj as such the order is bad in law and unconstitutional as well. c. For the direction to adjudicate the matter under the umbrella of principal of natural justice which is prevailing between the parties. d. Pass an appropriate direction awarding compensation to the petitioner for the mental agony, financial loss and hardship faced due to the inaction of the concerning respondents. e. For the direction to the concern respondents so that to protects the right of the petitioner. f. Pass any other writ(s), order(s), or direction(s) as may be deemed fit and proper in the interest of justice.” 3. The counsel for the petitioners submits that the appeal of the petitioners being Appeal No. 34 of 2025-2026 has been dismissed for default and no sufficient opportunity was given to the petitioners for redressal of their grievances. 4. From perusal of the order dated 12.11.2025 indicates to the fact that it is an ex-parte order. For the restoration of the same, the petitioners have filed restoration application which was also dismissed in limine on the reason that the petitioners have not appeared on last five occasions. In view of the aforesaid facts I am of the view that the Divisional Patna High Court CWJC No.8148 of 2026(2) dt.24-06-2026 3/3 Commissioner, Purnea ought to have heard the petition on merit. Looking into things in totality I hereby direct the Divisional Commissioner, Purnea to restore the appeal being Appeal No. 34 of 2025-26 and hear the same on merit within a period of three weeks. 5. With the aforesaid observation and direction, the present writ petition is disposed of. khushbu/- (Alok Kumar, J) U