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Patna High Court

Kapil YadavversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution due to the petitioner’s failure to appear before the court.

Summary

Kapil Yadav filed a writ petition in the Patna High Court seeking to quash a notice dated 27 April 2017 that claimed his land as belonging to the Bhoodan Yagan Committee, and to compel the State authorities to pay compensation for the allegedly acquired land and produce supporting documents. The petition listed four specific reliefs, including mandamus orders for compensation and document production. No counsel appeared on behalf of the petitioner, and the State was represented by Mr. Sajid Salim Khan. After an eight‑year delay, the court noted the petitioner’s continued non‑appearance. Consequently, the court dismissed the writ petition for non‑prosecution, without addressing the substantive claims.

Issues considered

  • Whether the notice dated 27.04.2017 claiming the land as belonging to the Bhoodan Yagan Committee can be quashed
  • Whether a writ of mandamus can be issued directing payment of compensation for the land claimed to be acquired
  • Whether a writ of mandamus can be issued directing the respondents to produce documents supporting their claim over the land

Subjects

  • writ petition
  • non‑prosecution
  • quashing notice
  • mandamus
  • land acquisition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8820 of 2017
                 ======================================================
                 Kapil Yadav Son of Dinanath Yadav, Resident of Village- Sabbalur, P.S.-
                 Didarganj, District- Patna.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.     The State Of Bihar through Principal Secretary, Revenue Department
           2.    The Collector, Patna
           3.    The Land Acquisition Office, Patna
           4.    Anchal Adhikari Patna Sadar, Patna
           5.    Bhoodan Yagan Committee, Bihar, Patna through its Chairman.
           6.    Chairman, Bhoodan Yagan Committee, Bihar, Patna
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      None
                 For the State            :      Mr. Sajid Salim Khan, SC-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-01-2026                     No one appears on behalf of the petitioner though

                   State is present.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “(i) for quashing for quashing the

                                        notice dated 27.04.2017 issued under the

                                        signature of respondent no. 5 claiming the Land

                                        of Khata No. 560, Plot no. 1563 area 19decimals

                                        situated in Village Sabbalpur, Thana No. 44,

                                        P.S.- Didarganj, District Patna as the Land of

                                        Bhoodan Yagan committee which is not correct

                                        and without valid ground.

                                                 (ii) for issuance of writ of Mandamus

                                        commanding the respondent authority to make
            Patna High Court CWJC No.8820 of 2017(3) dt.12-01-2026
                                                        2/2




                                         the payment of compensation amount of the

                                         acquired land of Plot no. 560 aforesaid because

                                         it is the Khatiyani land of the petitioner.

                                                     (iii) for issuance of writ of Mandamus

                                         commanding the respondent no. 5 and 6 to

                                         produce the documents, if any, upon which they

                                         are claiming the land in question to take

                                         compensation amount.

                                                     (iv) for issuance of such other

                                         appropriate writ or order or direction in the

                                         facts and circumstances of this case for the ends

                                         of justice.”


                                  3. On 16.11.2017, on call, prayer for adjournment was

                      made by the petitioner.

                                  4. Today eight years later, when the case has been

                      called out, there is no appearance.

                                  5. Accordingly, the writ petition is dismissed for non-

                      prosecution.



                                                    (Rajiv Roy, J)
vinayak/-

U


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