Patna High Court
Jogi Yadav @ Yogi Yadav and OrsversusThe 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
The petitioners, a group of villagers, filed a writ petition in the Patna High Court seeking to set aside a notice dated 30-07-2018 and the entire proceeding of Encroachment Case No.4/2001-02, which concerned removal of alleged encroachments from the Pasraha Railway Station to village Sondiha. No counsel appeared on behalf of the petitioners, while the State was represented. The court noted the absence of any prosecution of the petition. Consequently, the High Court dismissed the writ petition for want of prosecution, without addressing the merits of the encroachment claims. The dismissal leaves the original notice and encroachment proceedings in force.
Issues considered
- What is the appropriate procedural response when a writ petition is not prosecuted?
Subjects
- encroachment
- land acquisition
- writ petition
- dismissal for want of prosecution
- civil writ jurisdiction
- notice set aside
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23034 of 2018
======================================================
1. Jogi Yadav @ Yogi Yadav son of Late Hansi Yadav
2. Sikandar Yadav, son of Late Banarsi Yadav
3. Balmiky Yadav, Son of Late Hansi Yadav 1 to 3 are resident of village-
Sondiha, P.S.- Pasraha, District-Khagaria
4. Bindeshwari Das, son of Late Jhari Das
5. Kamleshwari Das, son Late Sukho Das
6. Eno Das @ Endradeo Das, son of Late Gudar Das 4 to 6 are resident of
village-Mahaddipur, P.S.- Pasraha, District-Khagaria
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Collector, Khagaria
3. The S.P. Khagaria,
4. The District Land Acquisition Officer Khagaria
5. The Additional Collector, Khagaria
6. The Sub-Divisional Officer, Gagari, Khagaria
7. The Circle Officer, Gogri, Khagaria
8. The Circle Officer, Parbatta, Khagaria
9. The Officer Inchrge, Pasraha.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Raj Kishore Roy -GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 19-02-2026 No one appears on behalf of the petitioners though the
State is present.
2. The present petition has been preferred for the
following relief(s):
“(i) That this is an application for setting
aside the notice dt 30-7-2018 issued in
Patna High Court CWJC No.23034 of 2018(6) dt.19-02-2026
2/2
Encroachment Case No.4/2001-02 under the
signature of the Circle Officer, Gogri by which
petitioners and others is directed to remove the
encroachment from the place where 72 houses of
the receipt of the notice.
(ii) To further the set aside the entire
proceeding of the Encroachment Case No. 4/2001-
02 which was initiated on the application of Rohit
Kumar and 74 others for removal of the
encroachment from the Pasraha Railway Station to
village-Sondiha.
(iii) For any other relief(s) for which the
petitioner found entitled to in the facts of the case.”
3. For want of prosecution, the writ petition stands
dismissed.
(Rajiv Roy, J)
Adnan/-
U
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