Kedar Nonia @ Kedar Chauhan v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9430 of 2017 ====================================================== Kedar Nonia @ Kedar Chauhan S/o Late Suchit Nonia, R/o Village- Kerka, P.S.- Nabinagar, District- Aurangabad Bihar.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The S.D.O. Nabinagar, Aurangabad Bihar.
3.
The Circle Officer, Nabinagar, Aurangabad Bihar. 4.
N.T.P.C. Nabinagar, District- Aurangabad Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
None For the Respondent/s :
Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-04-2025 No one appears on behalf of the petitioner though Mrs. Nutan Sahay, learned State counsel is present.
2. The present writ petition has been preferred for the following relief(s):
"for issuance of appropriate writ of mandamus and any other appropriate writ or writs, command, direction/directions to the respondents authorities to examine the documents presented by the petitioner (pertaining to ownership of land) before the Circle officer, Nabinagar, DistrictAurangabad (Bihar) in support of right, title and interest over the land and further issue a direction
Patna High Court CWJC No.9430 of 2017(2) dt.21-04-2025 2/3 to the concerned Respondents authority to make an award and grant compensation in lieu of land acquired by the Government for construction of BRBCL Power Project in Nabinagar, DistrictAurangabad (Bihar) and pay the compensation amount in lieu of land acquired by the Government in accordance with law."
3. Learned State counsel has taken this Court to the counter-affidavit filed on behalf of the respondent nos. 1 to 3 with reference to paragraph-10 which read as follows:
10. That it is humbly submitted the aforesaid land in question is being claimed by the petitioner as raiyat of the said land and in this regard petitioner was noticed by the respondent no. 3 Circle Officer, Nabinagar vide notice contained in annexure 1 to the writ petition directing therein to appear in his court and to produce the document in original in support of his claim on 06.02.2016 failing which the aforesaid land will be declared as Govt./public Land, but the petitioner neither appeared before the circle Officer, Nabinagar nor he produced any relevant paper in support of his
Patna High Court CWJC No.9430 of 2017(2) dt.21-04-2025 3/3 claim."
4. Though it is a fit case for dismissal with cost but in absence of the learned counsel for the petitioner, the same is dismissed for non-prosecution.
(Rajiv Roy, J) Adnan/- U