Patna High Court
Shambhu Nath SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed for want of prosecution.
Summary
Shambhu Nath Singh filed a writ petition seeking a mandamus directing the State of Bihar, railway authorities and several private respondents to cease further private payments of compensation for land acquired by the railway, pending a title suit (No. 619 of 2008). The petitioner also requested that the entire compensation for the acquired land be paid to him. No counsel appeared for the petitioner, while the State was represented. The court noted the absence of prosecution on the petition. Consequently, the High Court dismissed the writ petition for want of prosecution.
Issues considered
- What is the appropriate remedy when private respondents claim compensation for land acquired by the railway pending a title suit?
- Can a writ of mandamus be issued to restrain further private compensation payments in the absence of prosecution of the petition?
Subjects
- writ of mandamus
- land acquisition
- compensation
- title suit
- procedural default
- want of prosecution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17552 of 2016
======================================================
Shambhu Nath Singh son of Late Ram Raksha Singh Resident of Village-
Hussainur Jagdeo Sirsia, P.O.- Hussainpur, P.S.- Amnaur, District- Saran
Chapra.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Deputy Collector, Land Reform, Saran.
3. The Circle Officer, Marhaura, Saran.
4. The East Central Railway, through its General Manager, Hajipur, Bihar.
5. The Deputy Chief Engineer, E.C. Railway, Hajipur.
6. The Commercial Officer, E.C. Railway, Construction, Head Office, Hajipur.
7. Triloki Pandey
8. Bulendar Pandey
9. Anil Pandey All sons of Late Ganesh Pandey All residents of Village-
Paiyarpurwa, P.O.- Ishrauli, P.S.- Marhaurah, District- Saran.
10. Ram Chandra Rai son of Late Uasu Rai
11. Bhagelu Mahto son of Dhanai Mahto Both residents of Wajid Borha, P.S.-
Marhaurarrah, District- Saran.
12. She Mangal Mahto son of Bhushan Mahto Resident of Talpuraina, P.S.-
Marhaurrah, District- Saran.
13. Bacha Rai son of Lakhan Rai resident of Wajidpur Borha, P.S.- Marhaurrah,
District- Saran.
14. Ram Nath Prasad son of Bhushan Mahto resident of Village- Talpuraina,
P.S.- Marhaurrah, District- Saran.
15. Rajmani Devi W/o Late Rajnan Pandey resident of Wjid Bhorha, P.S.-
Marhaurrah, District- Saran.
16. Sipahiahto son of Algu Mahto resident of Village and P.O.- Mirjapur
Marhaurrah, District- Saran.
17. Banarsi Rai son of Late Lurki Rai resident of Village- Wajid Borha, P.S.-
Marhaurrah, District- Saran.
18. Abhirawan Rai son of Late Balak Rai resident of Village- Wajid Borha, P.S.-
Marhaurrah, District- Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None.
For the Respondent/s : Mr.Md. Khurshid Alam- Aag12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
Patna High Court CWJC No.17552 of 2016(4) dt.05-01-2026
2/3
ORAL ORDER
4 05-01-2026 No one appears on behalf of the petitioner though the
State is present.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of a Writ of Mandamus and
any other appropriate Writ
/Writs,Order/Orders,direction/directions,
directing the respondents not to make further
additional to the private payment of
compensation Respondent Nos.7 to 18 for
the land acquired by the Respondent-
Railway Authorities relating to Khata No.99,
Plot No.315,322, Khata No.305, Plot
Nos.327,347,314 and Khata No.326, Khesra
No. 395, situated in Village-Bazid Bhorha,
Thana No.45, Anchal-Marhaurra, District-
Saran till disposal of Title Suit No.619 of
2008 pending before the Learned Sub-Judge
Ist Saran at Chapra;
It is to make clear that sum of the private
respondents have withdrawn the amount of
compensation keeping the authorities in
Patna High Court CWJC No.17552 of 2016(4) dt.05-01-2026
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dark,claiming themselves to be the real
Raiyat (land-holder) of the acquired land;
Additional prayer of the petitioner is that the
amount of the entire acquired land of the
aforesaid Khata and Plots of Mauza-Bajid
Bhorha, Thana No.45, Anchal-Marhaurah,
District-Saran(Chpra) be directed to be paid
to the petitioner.
3. For want of prosecution, the writ petition is
dismissed.
(Rajiv Roy, J)
Ravi/-
U
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