Patna High Court
Ramautar RayversusThe State of Bihar
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The petition is dismissed for non‑prosecution as the petitioner failed to appear before the court.
Summary
Petitioner Ramautar Ray filed a writ petition seeking a court order directing the State of Bihar and its officials to vacate his land, alleging illegal acquisition for a road project, or alternatively to award compensation. The State, through its counsel, submitted a counter affidavit stating that no construction under the Prime Minister Rural Roads scheme had been carried out on the petitioner's land (Khesra Nos. 182 and 183). The court examined the affidavit and found that indeed no construction had taken place. However, the petitioner failed to appear or be represented before the court. Consequently, the court dismissed the writ petition on the ground of non‑prosecution.
Issues considered
- What relief, if any, can be granted by the court when a petitioner's land is alleged to have been illegally acquired for a public road project?
- Whether the absence of any construction on the land negates the claim of illegal acquisition?
- Can a writ petition be dismissed solely on the basis of the petitioner's failure to appear before the court?
Subjects
- land acquisition
- illegal acquisition
- writ petition
- compensation
- non‑prosecution
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10389 of 2019
======================================================
Ramautar Ray Son of Late Bilat Ray Resident of Village-Kalanodih, Post
Office-Aurahi, Police Station-Kusheshwar Asthan, District-Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Darbhanga.
2. The Addl. Collector (Public Complaint Redressal) Cum District Public
Grievance Redressal Officer, Darbhanga.
3. The Public Authority Executive Engineer, Rural Works Department, Biraul,
Darbhanga.
4. The Circle Officer, Circle Officer, Kusheshwar Asthan, District-Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None.
For the Respondent/s : Mr.Raj Kishore Roy (Gp18)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 03-02-2026 No one appears on behalf of the petitioner though
the State is present.
2. The present petition has been preferred for the
following relief/s:
(i) the petitioner seeks indulgence of this
Hon'ble Court to issue a writ/ writs, Rule/
Rules and direction/ directions to the
respondent no.3 to get vacate the land of the
petitioner which has been illegally acquired
by the respondents state in the name of road
or in alternative to pay the compensation to
the petitioner within a period so fixed by this
Patna High Court CWJC No.10389 of 2019(3) dt.03-02-2026
2/2
Hon'ble Court;
(ii) any other relief or reliefs for which the
petitioner be found entitled in law be
granted to him.
3. A counter affidavit has come on behalf of Circle
Officer, Kusheshwar Asthan, Darbhanga and learned State
counsel has taken this Court to paragraphs 08 and 09 to show
that no construction under Prime Minister Rural Roads has been
made over the petitioner's land (under Khesra No. 182 and 183
situated at Kalanodih, Thana no. 2024 Kusheshwar Asthan,
Darbhanga).
4. This Court is satisfied that no construction has been
made on the land of the petitioner. However, since there is no
appearance, the writ petition is dismissed for non-prosecution.
(Rajiv Roy, J)
Ravi/-
U
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