Patna High Court
Binoy Kumar GuptaversusThe 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
Binoy Kumar Gupta filed a writ petition seeking payment of compensation, statutory interest, and penal interest for land acquired by the State of Bihar. The petition also requested any other reliefs deemed appropriate. No counsel appeared on behalf of the petitioner, although the State was represented. The court noted multiple adjournments had been granted and, with the petitioner still absent, held that the petition could not be prosecuted further. Consequently, the writ petition was dismissed for want of prosecution.
Issues considered
- What reliefs, if any, can be granted to the petitioner for compensation and interest under the Land Acquisition Act?
- Can a writ petition proceed in the absence of any representation or appearance by the petitioner?
Legislation cited
Subjects
- land acquisition
- compensation
- statutory interest
- penal interest
- writ petition
- want of prosecution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5084 of 2018
======================================================
Binoy Kumar Gupta S/o Late Ram Narayan Bhagat, Resident of Village-
Saurangpur, P.O.-New Jaganpura, P.S.-Ramkrishna Nagar, Kankarbagh,
District-Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector, District-Patna.
3. The Land Acquisition Officer, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None.
For the Respondent/s : Mr.Rishi Raj Sinha, SC-19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
10 19-01-2026 No one appears on behalf of the petitioner though the
State is present.
2. The present petition has been preferred for the
following relief/s:
(i) for directing the respondent authorities to
make Payment of the compensation amount
for the acquisition of the land in question,
which belongs to the petitioner;
(ii) for also directing the respondent
authorities to make Payment of the
compensation amount with all statutory
interests as provided under the Land
Acquisition Act and also to make payment of
Patna High Court CWJC No.5084 of 2018(10) dt.19-01-2026
2/2
penal interest, over and above the aforesaid
amount, for the undue delay caused in
making payment of the said amount;
(iii) for any other relief or reliefs for which
the petitioner may be found entitled in the
facts and circumstances of the case.
3. A perusal of the order-sheet would show that
adjournments sought for and granted on 26.11.2024, 05.12.2024
and 25.11.2025 and today on call, there is no appearance on
behalf of the petitioner.
4. For want of prosecution, the writ petition is
dismissed.
(Rajiv Roy, J)
Ravi/-
U
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