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Patna High Court

Dr. Himanshu RoyversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution.

Summary

Dr. Himanshu Roy filed a writ petition seeking a mandamus and certiorari to restrain the State of Bihar and its agencies from acquiring his land under the urgency clause of Section 17 of the Land Acquisition Act, 1894, and to quash notifications issued in December 2007 that allegedly bypassed the procedure under Section 5A. The petitioner failed to appear before the court despite the State and the Bihar Industrial Area Development Authority (BIADA) being represented. The court noted that no appearance was made on the petitioner's side on the hearing date of 2 February 2026. Consequently, the court dismissed the petition on the ground of non‑prosecution, without addressing the substantive merits of the acquisition.

Issues considered

  • Whether the petitioner is entitled to a writ of mandamus or certiorari to restrain land acquisition under the urgency clause of Section 17 of the Land Acquisition Act, 1894
  • Whether the notifications dated 13.12.2007 and 24.12.2007, issued under Sections 4 and 6 of the Act, are liable to be quashed for bypassing Section 5A
  • Whether the petition can proceed in the absence of the petitioner's appearance

Legislation cited

Subjects

  • land acquisition
  • urgency clause
  • mandamus
  • certiorari
  • non‑prosecution
  • high court writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16207 of 2015
                 ======================================================
                 Dr. Himanshu Roy Son of Late Brajdeo Prasad Roy, resident of V-19,
                 Vidyapuri, Kankarbagh, P.S.- Patrakar Nagar, Town and District- Patna.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State Of Bihar.
           2.    The District Collector, Patna.
           3.    The Land Asquisition Officer, Patna. null null
           4.    The Managing Director, Bihar Industrial Area Development Authority
                 BIADA, Patna.
           5.    The Circle Officer, Bihta, District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         None
                 For the Respondent/s   :         Mr. Ajay Behari Sinha, GA-8
                 For the BIADA          :         Mr. Bindhyachal Singh, Sr. Advocate
                                                  Mr. Parth Gaurav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

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

                   State as also learned counsel for the Bihar Industrial Area

                   Development Authority (BIADA) are present.

                               2. The present petition has been preferred for the

                   following relief(s):

                                              “for issuance of a writ in the nature of

                                  mandamus or such other writ/order/direction

                                  restraining the respondents from acquiring the land

                                  owned by the petitioner by invoking urgency clause

                                  under Section 17 of the land Acquisition Act, 1894

                                  (The Act) and for issuance of a writ in the nature of
          Patna High Court CWJC No.16207 of 2015(5) dt.02-02-2026
                                                     2/2




                                    Certiorari or such other writ/order/direction for of

                                    quashing of Notification dated 13.12.2007 issued

                                    under Section 4 of the Act and the Notification

                                    dated 24.12.2007 issued under Section 6 of the Act

                                    whereby the procedure prescribed under Section

                                    5A of the Act has been dispensed with on the

                                    alleged ground of urgency whereas possession has

                                    not been taken till date and after a lapse of more

                                    than 7 years now the possession is sought to be

                                    taken.”

                                3. A perusal of the order dated 24.08.2023 shows that

                    on the said date also, there was no appearance.

                                4. In that background, the writ petition stands

                    dismissed for non-prosecution.



                                                  (Rajiv Roy, J)
Adnan/-

U


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