Patna High Court
Nityanand TiwaryversusThe 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 appear and no further relief is available.
Summary
The petitioner Nityanand Tiwary filed a writ petition seeking compensation for land acquired for a Special Rail Project, alleging that his share of the land was not compensated. The State and Union of India appeared and submitted a counter‑affidavit showing that compensation had already been paid to both the petitioner and his brother and that any further grievance must be pursued under Section 76 of the RFCTLARR Act. The petitioner did not appear before the court on any of the listed dates. The court noted the lack of representation and the absence of any rebuttal to the counter‑affidavit. Consequently, the court held that the petition was abandoned and dismissed it for non‑prosecution. No interlocutory applications remained.
Issues considered
- Whether the petitioner is entitled to additional compensation for the land acquired for the Special Rail Project
- Whether the writ petition is maintainable in the absence of the petitioner's appearance
- Whether the remedy under Section 76 of the RFCTLARR Act is applicable
Subjects
- land acquisition
- compensation
- writ petition
- non‑prosecution
- Special Rail Project
- Section 76
- RFCTLARR Act
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21550 of 2013
======================================================
Nityanand Tiwary S/O Late Vishwanath Tiwary @ Bhagal Tiwary Resident
Of Village and P.O- Kudra, P.S- Kudra, District- Kaimur At Bhabhua
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The District Magistrate, Kaimur At Bhabhua.
3. The Competent Authority- Cum- District Land Acquisition Officer, Kaimur,
District- Kaimur At Bhabhu
4. The Circle Officer, Kudra, District- Kaimur At Bhabhua.
5. The Union Of India, Through The Chairman, Ministry Of Railways,
Railway Board, Rail Bhawan, New Del
6. The Executive Engineer Bhimi Evam Sakh Subidhayan-1 Special Rail
Project, Eastern Dedicated Front
7. Premanand Tiwary S/O Late Vishwanath Tiwary @ Bhagal Tiwary Resident
Of Village and P.O- Kudra, P.S- Kudra, District- Kaimur, Bhabhua
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr. Kumar Manglam, AC to SC-24
For the UOI : Mr. A.K. Pandey, Sr.C.G.C.
Mr. R.K. Sharma, CGC
For the Resp No. 8 : Mr. Raj Bansh Debey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 20-01-2026 No one appears on behalf of the petitioner though the
learned counsel for the State, Union of India as also respondent
no. 8 are present.
2. The present petition has been preferred for the
following relief(s):
“for issuance of an appropriate writ,
order or direction to the respondent authorities,
especially respondent no. 3 for payment adequate
Patna High Court CWJC No.21550 of 2013(7) dt.20-01-2026
2/3
compensation for the land of the petitioner
acquired for the purpose of Special Rail Project
Corridor of the Indian Railways measuring 060
decimals of Khata No. 157, Plot No. 17, Thana No.
659 situated in Mauza Sikari, Anchal Kudra,
District Kaimur, as has been allowed to his elder
brother Premanand Tiwary, who has 50% share in
the said land.”
3. On 05.10.2023, when the matter was taken up
before the Coordinate Bench, again, there was no appearance.
4. Learned State counsel has taken this Court to the
counter-affidavit of the District Land Acquisition Officer,
Kaimur with specific reference to paragraph-12 to show that
major portion of the share went to the respondent no. 8 while
lesser one to the writ petitioner, both are brothers and have
received their respective compensation and if still aggrieved,
have to move under 76 of ‘the RFCTLARR Act’.
5. There is no rebuttal to the said counter-affidavit.
6. Be that as it may since there is no appearance on
behalf of the petitioner and on the last occasion also, there was
no appearance. It seems that the petitioner has lost interest in the
case.
Patna High Court CWJC No.21550 of 2013(7) dt.20-01-2026
3/3
7. Accordingly, the writ petition stands dismissed for
non-prosecution.
8. Interlocutory Application(s), if any, also stands
disposed of.
(Rajiv Roy, J)
Adnan/-
U
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