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Patna High Court

Md. Kari Alam @ Kari DhobiversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

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

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


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