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Patna High Court

Jogi Yadav @ Yogi Yadav and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

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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