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Patna High Court

Arvind Kumar PandeyversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

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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