Patna High Court
Ganesh Kumar Alias Ganesh Kumar SinhaversusThe Union Of India and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The writ petition was dismissed for want of prosecution.
Summary
Ganesh Kumar filed a writ petition seeking a mandamus directing railway authorities to show cause why land acquisition proceedings related to the Ganga Rail Bridge project were displaced and to address alleged excess acquisition of his land. He claimed that the land taken for the bridge exceeded the required demarcation and that the encroachment case (No. 08/2016-17) was improperly handled. No counsel appeared for the petitioner, while the State was represented. The court noted the petitioner's failure to prosecute the case. Consequently, the writ petition was dismissed for want of prosecution.
Issues considered
- What relief, if any, can be granted by the court when a petitioner fails to prosecute a writ petition?
- Whether the court can issue a mandamus directing railway authorities to show cause regarding land acquisition and encroachment matters.
Subjects
- land acquisition
- railway project
- mandamus
- writ petition
- excess land
- encroachment
- want of prosecution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13343 of 2018
======================================================
Ganesh Kumar Alias Ganesh Kumar Sinha Son of Sri Nathun Singh, Resident
of Vill- Chulhai Chak, P.S.- Rupaspur, Dist- Patna, Pin- 801506, Mobile No.-
9304013417.
... ... Petitioner/s
Versus
1. The Union Of India through the General Manager, East Central Railways,
Ministry of Railway, Hajipur
2. The Divisional Railway Manager D.R.M. East Central Railway, Ministry of
Railway, Danapur.
3. The Chief Engineer, Construction, Ganga Bridge East Central Railways,
Digha Ghat, Patna.
4. The Deputy Chief Engineer, Construction, Ganga Bridge East Central
Railway, Digha Ghat, Patna.
5. The State of Bihar through the Secretary-cum-Commissioner, Revenue and
Land Reforms Department, Gov
6. The Collector, Patna.
7. The District Land Acquisition Officer, Patna.
8. The Sub-Divisional Officer, Danapur, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mrs. Nutan Sahay, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 10-02-2026 No one appears on behalf of the petitioner though
State is present.
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance of an appropriate
writ/writs, order/orders in the nature of
mandamus for directing commanding the
Patna High Court CWJC No.13343 of 2018(5) dt.10-02-2026
2/2
Respondents Railway authorities concerned to
show cause as to why proceedings in the
Learned Court/Office of Circle Officer, Danapur,
encroachment Case No.- 08/2016-17 and the
petition displaced due to Ganga Rail Bridge
Project, Patna and the petitioner's Land
acquired for construction of Ganga Rail Bridge
Scheme from Patna to Sonepur in which Exceed
Land of acquired demarking for construction by
the respondents as Ganga Rail Bridge Project,
Patna and further for any other relief or reliefs
for which the petitioner is entitled in the facts
and circumstances of the present writ
application and without payment of excess
acquired Land of petitioner construction is going
on by respondents.”
3. For want of prosecution, the writ petition is
dismissed.
(Rajiv Roy, J)
vinayak/-
U
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