Created by Fuzzy Cloud

Patna High Court

Ganga PanditversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.