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Patna High Court

Raman Nagule and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The court dismissed the writ petition, holding that the pending title suit barred the court’s jurisdiction to grant the relief sought and the petitioners’ non‑appearance amounted to non‑prosecution.

Summary

The petitioners sought a writ directing the quashing of an order dated 07.07.2017 issued by the Additional District Land Acquisition Officer, Patna, which withheld compensation for their land on the ground that the land was classified as "sewayet" and not "raiyati" pending a title suit. They also requested that the court either order payment of compensation or refer the matter to the LARR Authority, arguing that the civil court lacked jurisdiction under the land acquisition law. The respondents contended that the pending title suit (Title Suit No. 68 of 1991) barred any relief, and the petitioners failed to appear before the court on multiple occasions. The court observed the petitioners' non‑appearance and apparent loss of interest in the proceedings. Consequently, the writ petition was dismissed for non‑prosecution.

Issues considered

  • What is the effect of a pending title suit on the jurisdiction of a civil court to order compensation under land acquisition law?
  • Whether the court can direct payment of compensation or refer the matter to the LARR Authority despite the pending title suit?

Legislation cited

Subjects

  • land acquisition
  • compensation
  • pending title suit
  • jurisdiction
  • writ petition
  • non‑prosecution

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.12480 of 2018
                 ======================================================
           1.     Raman Nagule
           2.    Prasun Saurav Singh Both S/o Late Laxman Narayan Singh
           3.    Chandan Kumar Singh S/o Late Radha Singh All R/o Bundel Toli, P.S.-
                 Malsalami, District- Patna

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    The District Land Acquisition Officer, Patna
           3.    The Additional District Land Acquisition Officer, Patna
           4.    The Chief G.M., B.S.R.D. Corporation, Patna
           5.    Shekhar Singh S/o Late Ram Ranvijay Singh R/o Mohalla- Bundeltoli, P.S.-
                 Malasalami, District- Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     None
                 For the State            :     Mr. Dhurjati Kumar Prasad, GP-14
                 For the BSRDC            :     Mr. Lalit Kishore, Sr. Advocate
                                          :     Mr. Ayush Kumar, Advocate
                                          :     Mr. Sanjeev Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   10-02-2026                     No one appears on behalf of the petitioner though

                   State as also respondent no.4, the Bihar State Road

                   Development Corporation are present.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “for issuance of an appropriate writ,
                                        order or direction quashing the order dated
                                        07.07.2017 passed by A.D.L.A.O., Patna in L.A.
                                        Case no-6/15-16 where in he has withhold the
                                        payment of compensation to the petitioners of
            Patna High Court CWJC No.12480 of 2018(5) dt.10-02-2026
                                                       2/2




                                         their lands under acquisition holding that the
                                         land is a sewayet land and not raiyati land and
                                         that so long the raiyati nature of land is not
                                         decided by the court in pending title suit it would
                                         not be proper to make compensation to any
                                         interested person and further for a direction
                                         either to make payment of compensation or to
                                         refer the matter to LARR Authority to decide title
                                         because the jurisdiction of Civil Court is barred
                                         under the Act. The order is contained in
                                         annexure-15 to this writ petition.”

                                  3. It has been informed by learned counsel for the

                      respondents that the relief could not be extended to the

                      petitioners as there is title suit bearing Title Suit No. 68 of 1991

                      is pending before competent Civil Court.

                                  4. From the record, it seems that the petitioner failed

                      to appear on 10.02.2023 also when it was called before a

                      coordinate Bench.

                                  5. It seems the petitioners have lost interest in the

                      case. Accordingly, the writ petition is dismissed for non-

                      prosecution.



                                                    (Rajiv Roy, J)
vinayak/-

U


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