Patna High Court
Jai Prakash Yadav @ Prakash Yadav and AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The petition is dismissed as the petitioners failed to appear or contest the respondent’s affidavit, and the land cannot be returned.
Summary
The petitioners sought a writ directing the State to return 3.38 acres of land acquired for a canal project, arguing that the land remained vacant due to a change in alignment and invoking Section 101 of the Land Acquisition Act, 2013. The respondents submitted a counter‑affidavit stating that compensation had been paid, possession taken, and the land handed over to the Executive Engineer, making return impossible. No counsel appeared for the petitioners, and there was no rebuttal to the affidavit. The court noted the lack of representation and the absence of any challenge to the respondent’s affidavit. Consequently, the writ petition was dismissed for non‑prosecution.
Issues considered
- Whether the petitioners are entitled to have the acquired land returned under Section 101 of the Land Acquisition Act, 2013
- Whether the court can grant relief in the absence of any appearance or representation by the petitioners
Legislation cited
- Land Acquisition Act, 2013 — s. 101
Subjects
- land acquisition
- return of land
- non‑appearance
- writ jurisdiction
- compensation
- canal alignment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8591 of 2017
======================================================
Jai Prakash Yadav @ Prakash Yadav and Anr
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Anjani Kumar-AAG4
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 27-02-2026 No one appears on behalf of the petitioner though State
is present.
2. The present application has been preferred for the
following relief(s):
(i) For direction upon the
respondents authorities to return 3.38 acres of
land to the petitioners which have been acquired
for construction of Bateshwar Asthan, Ganga
Pump High Level Main Canal at Kahalgaon
within Bhagalpur District vide Land Acquisition
Case No. 2 of 1980-81 but till this date the said
land of the petitioners have not been utilized and
the land of the petitioners is lying vacant due to
change of alignment of the canal as such in view
of section 101 of the Land Acquisition Act, 2013
the petitioners are legally entitled to return their
respective land.
(ii) For direction upon the
respondents to grant deprivation to the
petitioners as the poor petitioners are deprived
Patna High Court CWJC No.8591 of 2017(2) dt.27-02-2026
2/2
of their land since 1981 and the said land is
lying vacant due to change of alignment of the
canal.
(iii) This writ application is also for
further direction to the respondents to grant any
such other relief of reliefs for which the
petitioners are found legally entitled.
3. A counter affidavit of the Special Land Acquisition
Officer, Medium Irrigation Project, Bhagalpur dated 17.08.2017 and
served upon learned counsel for the petitioner on 22.08.2017 is on
record. It shows that pursuant to the acquisition, the compensation
amount was paid/received at the rate prevalent then, physical
possession taken and handed over to the concerned Executive
Engineer and in that background, it cannot be returned.
4. As recorded, the affidavit was handed over to the
learned counsel for the petitioner in the year 2017 and there is no
rebuttal to it.
5. However, since there is no appearance, the writ petition
is dismissed for non-prosecution.
(Rajiv Roy, J)
Vijay Singh/-
U
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