Patna High Court
Ganga PanditversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The petition is dismissed for non‑prosecution due to the petitioner’s failure to appear.
Summary
Ganga Pandit filed a writ petition seeking a mandamus directing the State authorities to exclude 11 katha of land in Rampur village from being declared surplus of the late Mahanth Bharat Das, alleging that the declaration was made without notice or enquiry under Section 5(i)(iii) of the Land Ceiling Act. The petition was filed 15 years after the Gazette notification of 31‑03‑2001 that had already concluded the land ceiling case (State v. Bharat Das). No counsel appeared on behalf of the petitioner, while the State was represented by Mr. Ajay. The court noted the delay and the lack of any appearance by the petitioner and dismissed the petition for non‑prosecution. The dismissal effectively upheld the earlier Gazette declaration.
Issues considered
- Whether the writ petition for mandamus is maintainable after a delay of 15 years.
- Whether the land was illegally declared surplus without notice or enquiry under Section 5(i)(iii) of the Land Ceiling Act.
- Whether the court can intervene in a matter already concluded by the land ceiling proceedings.
Legislation cited
- Land Ceiling Act — s. 5(i)(iii)
Subjects
- writ of mandamus
- land ceiling
- surplus land
- non‑prosecution
- delay
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11892 of 2015
======================================================
Ganga Pandit Son of Late Sindheshwar Pandit, 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 District - Begusarai.
4. The Sub - Divisional Officer, Bakhri under the District - Begusarai. null null
5. The Anchal Adhikari, Bakhri Block under the District Begusarai.
6. Sri Mahanth Sity Ram Das, Chela of Late Mahanth Bharat Das, resident of
village - Rampur Habib, P.S. - 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
Patna High Court CWJC No.11892 of 2015(3) dt.31-01-2026
2/2
situated of village Rampur belonging to the
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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