Patna High Court
Shiv Nandan Prasad JaiswalversusThe State of Bihar
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The petition was dismissed for want of prosecution.
Summary
Shiv Nandan Prasad Jaiswal filed a writ petition seeking compensation for a 0.32 decimal parcel of land (Khata No.598, Khesra No.50) that was acquired by the Government of Bihar in 2007 for the Trimuhani Kursela Tatbandh project. The petitioner also requested that the compensation be paid at a commercial rate with 18% annual interest, along with costs of litigation. No counsel appeared on behalf of the petitioner, while the State was represented. The High Court observed that the petition had not been prosecuted and consequently dismissed it for want of prosecution. No substantive adjudication on the compensation or interest claims was made.
Issues considered
- Whether the petitioner is entitled to compensation for the land acquired in 2007
- Whether compensation should be payable at a commercial rate with 18% per annum interest
- Whether costs of litigation can be awarded to the petitioner
Subjects
- land acquisition
- compensation
- interest
- litigation costs
- want of prosecution
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18159 of 2019
======================================================
Shiv Nandan Prasad Jaiswal S/o Late Manohar Bhagat @ Late Manohar
Prasad Jaiswal Vill.- Sadhua, P.s.- Rangra (Gopalpur), Distt.- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Bihar, Patna
2. The Principal Secretary Revenue and Land Reforms Department, Bihar,
Patna
3. The Collector Bhagalpur, Distt.- Bhagalpur
4. The Collector Saharsa, Distt.- Saharsa
5. The District Land Acquisition Officer Camp-Naugachhia, Distt.- Bhagalpur
6. The Special Land Acquistion Officer Koshi Yojna Saharsa, Distt.- Saharsa
7. The Additional Collector (Lok Shikayat Niwaran) cum District Lok Shikayat
Nivaran Officer Saharsa, Distt.- Saharsa
8. The Anchal Adhikari Thana Bihpur, Distt.- Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Md.Khurshid Alam (Aag12)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 07-01-2026 No one appears on behalf of the petitioner though State
is present.
2. The present application has been preferred for the
following relief(s):
(i) For direction to make payment
of the compensation of the land of the
petitioner bearing Khata No.598, Khesra
No.50, Bhuarjan no.10 for total area 0.32
decimal which has been acquired by Govt. in
the year 2007 for construction of Trimuhani
Patna High Court CWJC No.18159 of 2019(3) dt.07-01-2026
2/2
Kursela Tatbandh and all procedure has
been completed and land has been acquired
and Trimuhani Kursela Tatbandh has been
made but amount of compensation the said
acquired land has not paid till date to the
petitioner or his ancestors where
construction of Trimuhani Kursela Tatbandh
has been made over the petitioner's land in
question.
(ii) For further direction to make
the compensation of land as a Commercial
rate with 18% inte-rest per annum and
petitioner has filed several representa-tion
before the authorities which is pending till
today.
(iii) For direction to pay the cost
of litigation to the petitioner.
(iv) For other any relief or reliefs
for which the petition-er is found fit and
proper in the facts and circumstances of the
case.
3. For want of prosecution, dismissed.
(Rajiv Roy, J)
Vijay Singh/-
U
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