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Patna High Court

Pramila Devi and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ petition is dismissed for non‑prosecution due to the petitioners' failure to appear.

Summary

A group of villagers filed a writ petition seeking to quash a notice issued under section 6 of the Land Acquisition Act for acquiring their land for flood rehabilitation and to set aside an order cancelling jamabandi entries in their favour. The State, represented by Advocate Mrs. Archana Meenakshi, filed a counter‑affidavit showing that the acquisition award had been prepared and compensation paid to at least one landholder. No counsel appeared on behalf of the petitioners, and there was no rebuttal to the counter‑affidavit. The Court noted the lack of representation and, without addressing the substantive reliefs, dismissed the petition for non‑prosecution. The dismissal was pronounced by Justice Rajiv Roy.

Issues considered

  • Whether the notice dated 07.05.2011 issued under section 6 of the Land Acquisition Act can be quashed.
  • Whether the order dated 11.12.2014 cancelling jamabandi entries in favour of the petitioners can be set aside.
  • Whether the writ petition can proceed in the absence of any appearance by the petitioners.

Legislation cited

Subjects

  • Land Acquisition
  • Section 6
  • Jamabandi cancellation
  • Non‑prosecution
  • Writ petition
  • Civil writ jurisdiction
  • Procedural dismissal

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.4817 of 2015
     ======================================================
1.    Pramila Devi W/o Late Heman Yadav.
2.   Pankaj Verma, S/o Bindeshwari Verma.
3.   Bablu @ Bablu Kumar, S/o Ramchandra Verma.
4.   Smt. Izual Devi, W/o Jawahar Yadav.
5.   Vijay Verma.
6.   Dayanand Verma @ Dayanand Kumar Verma Both Sons of Vimal Chandra
     Verma.
7.   Ramchandra Verma, S/o Late Mahavir Verma
8.   Arbind Sah, S/o Late Goghan Shah.
9.   Yogendra Verma, S/o Late Kamleshwari Verma.
10. Pramod Sah, S/o Late Atwari Sah.
11. Anil Yadav, S/o Hari Lal Yadav.
12. Kaushal Yadav @ Raushal Kumar, S/o Hari Lal Yadav.
13. Bhibhuti Yadav @ Bhibhuti Kumar, S/o Hari Lal Yadav.
14. Upendra Verma, S/o Late Surendra Verma.
15. Jaymala Devi, W/o Mahendra Verma.
16. Ramratan Yadav, S/o Late Vasudeo Yadav.
17. Deep Narayan Prasad Yadav @ Deep Narayan Yadav, S/o Late Vasudeo
    Yadav.
18. Jatahu Sah, S/o Late Goghan Sah.
19. Smt. Meera Devi, W/o Rajendra Verma.
20. Khushi Lal Kumar Verma @ Khushi Lal Kumar, S/o Vijay Verma. Though
    his father Vijay Verma, S/o Vimal Chandra Verma
21. Sunil Kumar, S/o Ramchandra Verma.
22. Shivnandan Bhagat @ Shivjee Bhagat, S/o Late Sifali Bhagat.
23. Yogendra Yadav, S/o Late Dhanuki Yadav. All the Resident of Village-
    Rohiyar, P.S.-Chautham, District-Khagaria.

                                                            ... ... Petitioner/s
                                       Versus
1.   The State Of Bihar and Ors
2.   The Commissioner, Munger Division, Munger.
3.   The District Land Acquisition Officer, Khagaria.
4.   The Collector, Khagaria.
5.   The Additional Collector, Khagaria.
6.   Circle Officer Chautham, Khagaria.
         Patna High Court CWJC No.4817 of 2015(3) dt.12-01-2026
                                                     2/3




                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        None.
                 For the Respondent/s    :        Mrs.Archana Meenakshi, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-01-2026                 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) for quashing notice dated 07.05.2011

                                             which was issued under section 6 of Land

                                             Acquisition Act from the office of Land

                                             acquisition Directorate Revenue and Land

                                             Reform Development Bihar whereby and

                                             where under respondent made declaration

                                             the land in question is to be acquired for

                                             flood affected person from Koshi and

                                             Bagmati Rehabitation in village-Balkunda;

                                             (ii) for setting aside order dated 11.12.2014

                                             passed in Balkunda Rehabitation Jambandi

                                             Cancellation Case No. 2/13-14 which was

                                             arising out of aforesaid case, by Additional

                                             Collector, Khagaria whereby and where
         Patna High Court CWJC No.4817 of 2015(3) dt.12-01-2026
                                                     3/3




                                           under Jamabandies which are created in

                                           favour of petitioners were cancelled.

                               3. Mrs. Archana Meenakshi, learned State Counsel

                   has taken this Court to the counter affidavit duly served upon

                   the petitioners on 17.01.2017 and has taken this Court to

                   paragraphs-11 and 12 to show that Land Acquisition Case No.

                   02/2007-08 in which Award was prepared on 22.01.2013 and

                   one of the land holder, Surya Narayan Prasad has even taken the

                   compensation.

                               4. It is to be noted that the counter affidavit was

                   handed over to the learned counsel for the petitioners but there

                   is no rebuttal.

                               5. Be that as it may, since there is no appearance, the

                   writ petition is dismissed for non-prosecution.



                                                 (Rajiv Roy, J)
Ravi/-

U


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