Patna High Court
Arvind Kumar PandeyversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The petition is dismissed for non‑prosecution as the petitioner failed to make a valid claim for compensation.
Summary
Arvind Kumar Pandey filed a writ petition seeking compensation for land allegedly acquired for the Daniawan‑Barbigha broad gauge railway line. He claimed entitlement to compensation for plot no. 2424, later asserting it was plot no. 2414, but the State argued that plot 2424 was never acquired and the petitioner never claimed 2414. The State filed a counter‑affidavit in 2019, to which the petitioner made no rejoinder. The Court found that the petitioner had not established any valid claim for compensation. As the petitioner failed to appear or prosecute the petition, the Court dismissed the writ petition for non‑prosecution.
Issues considered
- What is the basis for granting compensation for land acquisition claimed by the petitioner?
- Has the petitioner made a valid claim for the specific plots alleged to be acquired?
- Is the writ petition maintainable in the absence of the petitioner's appearance and prosecution?
Subjects
- land acquisition
- compensation
- writ petition
- non‑prosecution
- railway line
- civil writ jurisdiction
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19538 of 2018
======================================================
Arvind Kumar Pandey Son of Late Laxmi Kant Pandey, Resident of Village-
Amawan, P.S.- Asthawan, District- Nalanda.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Nalanda, District- Nalanda at Bihar Sharif.
4. The Circle Officer, Asthawan, P.S.- Asthawan, District- Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr. Raj Kishore Roy, GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 05-01-2026 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, direction/directions, to
the respondents to pay compensation to the
petitioner against the land acquired by for mauja
Amawan thana no. 220, plot no. 2578, khata no.
03 area-62.5 decimals and plot no. 2424 Area 5-
3/4 decimals which has acqauired for Railway
line Daniawan- Barbigha Broad gauge line
under Eastern Central Railway, but till today the
Patna High Court CWJC No.19538 of 2018(5) dt.05-01-2026
2/2
petitioner has not been paid compensation by the
land Acquisition Department.”
3. Learned State counsel has pointed out that earlier
the petitioner wanted compensation of Plot No. 2424 but after it
was recorded that Plot No. 2424 has not been acquired, at the
later stage, plea has been taken that it is Plot No. 2414. Further
submission is that the column of the claimant has been left
empty and the petitioner never made any claim over the Plot
No.2414 and as such, the amount has been deposited in the
court.
4. This counter affidavit has been filed in the year
2019 after service of copy to the learned counsel for the
petitioner on 26.08.2019 and there is no rejoinder to it.
5. This Court is satisfied that no claim of the
petitioner is made out, Plot No. 2424 has not been acquired
whereas the petitioner has never made claim for Plot No. 2414.
6. However, since there is no appearance, the writ
petition is dismissed for non-prosecution.
(Rajiv Roy, J)
vinayak/-
U
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