Patna High Court
Md. Kari Alam @ Kari DhobiversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioner, Md. Kari Alam, filed a writ petition seeking a mandamus directing the State authorities to exclude 11 katha of land that had been declared surplus of the late Mahanth Bharat Das by a Gazette Notification dated 31‑03‑2001. He alleged that the declaration was made without prior notice or an enquiry as required under Section 5(i)(iii) of the Land Ceiling Act. The State counsel pointed out that the Gazette Notification was issued fifteen years earlier in the land‑ceiling case State v. Bharat Das and that the petition was filed merely to reopen a concluded proceeding. No counsel appeared on behalf of the petitioner. The Court, noting the lack of prosecution and the considerable delay, dismissed the petition for non‑prosecution.
Issues considered
- Whether the declaration of the land as surplus was illegal for lack of notice or enquiry under Section 5(i)(iii) of the Land Ceiling Act.
- Whether the petition is maintainable after a delay of fifteen years since the Gazette Notification.
- Whether dismissal for non‑prosecution is appropriate where the petitioner fails to appear.
Legislation cited
- Land Ceiling Act — s. 5(i)(iii)
Subjects
- writ of mandamus
- land ceiling
- surplus land
- non‑prosecution
- limitation
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11496 of 2015
======================================================
Md. Kari Alam @ Kari Dhobi son of late Md. Hanif @ Hanif Mian resident
of village Rampur Habib, P.O. Rampur, P.S. Bakhri Bazar, District Begusarai.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector, Begusarai.
3. The Deputy Collector, Land Reforms, Bakhri under the Distt. Begusarai.
4. The Sub-Divisional Officer, Bakhri under the Distt. Begusarai.
5. The Anchal Adhikari, Bakhri Block under the District Begusarai.
6. Sri Mahanth Siya Ram Das, Chela of late Mahanth Bharat Das resident of
village Rampur Habib, P.O. Rampur, P.S. Bakhri Bazar, District Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr. Ajay, GA-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 31-01-2026 No one appears on behalf of the petitioner though
Mr. Ajay, GA-12 is present.
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance of a writ in the nature of
writ of Mandamus or any other appropriate writ
or direction or order commanding and directing
to the Respondent authorities to exclude the
lands measuring 11 katha of Khesra No. 957
Khata No. 201 Thana No. 161 and Tauzi No. 603
situated of village Rampur belonging to the
Patna High Court CWJC No.11496 of 2015(3) dt.31-01-2026
2/2
petitioner which have illegally declared to be
Surplus land of late Mahanth Bharat Das of
Rampur Asthal by Distt. Gazettee Notification
dated 31.3.2001 bearing land ceiling Case No. 1
of 1973-74 (State Vrs. Bharat Das) behind the
back and prior notice or knowledge to the
petitioner and also without holding any enquiry
under section 5 (i) (iii) of the ceiling Act by the
learned Collector.”
3. It has been informed by learned State counsel that
15 years after the present gazette notification took place on
31.03.2001 in Land Ceiling Case No. 01 of 1973-74 (The State
of Bihar vs. Bharat Das), the present writ petition has been filed
only to disturb the proceeding already concluded.
4. There is force in the submission of learned State
counsel. However, since there is no appearance, the writ petition
is dismissed for non-prosecution.
(Rajiv Roy, J)
vinayak/-
U
Checking your session…