Nikhil Priyadarshi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20861 of 2018 ====================================================== Nikhil Priyadarshi S/o Krishna Bihari Prasad Sinha, resident of Plot No. 11, Visheshwarya Nagar, Baily Road, Patna, P.S.- Rupaspur, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Principal Secretary Revenue and Land Reforms, Govt. of Bihar, Patna. 4.

The Director, Land Acquisition Government of Bihar. 5.

District Magistrate, Patna.

6.

The Circle Officer, Danapur, Patna.

7.

Principal Secretary, Department of Revenue and Land Record, Government of Bihar Old Secretariat Pat 8.

Director Land Record Government of Bihar Department of Revenue old Secretariat, Patna.

9.

S.D.O., SDO Office, Danapur Subdivision, Danapur. 10.

Additional Collector, Revenue, Patna.

11.

LRDC, Danapur, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Shama Sinha, Advocate For the State :

Mr. Raj Kishore Roy, GP-18 :

Mr. Vivekanand Singh, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-01-2026 Heard Mrs. Shama Sinha, learned counsel for the petitioner and Mr. Vivekanand Singh, learned AC to GP-18 representing the State.

2. The present petition has been preferred for the grant of following relief(s):

"(i) to issue an appropriate

2/4 to clarify about the status of the land of the Petitioner in Mauza Dumri-II, Thana No. 48 which was part of total 211.19 acres of law under land acquisition proceedings vide proceedings initiated on 13.12.2007 and 24.12.2007 for establishment of Megha Adhyogik Park, Bihta but no compensation has been paid to the Petitioner till date.

(ii) to issue an appropriate to clarify whether they wish to acquire the land of the Petitioner in Mauza Dumri -II, Thana No. 48 for establishment of Megha Adhyogik Park, Bihta as earlier proceeding of land acquisition initiated on 13.12.2007 and 24.12.2007 has since lapsed as neither possession was taken from the petitioner nor compensation was/is paid.

(iii) to issue an appropriate writ/order/direction in the nature of Mandamus commanding the respondents to acquire the land of petitioners if required in the larger public

3/4 interest after following due process of law or in alternate to set the land free from the land acquisition proceedings so that the petitioner can sell his land for meeting his urgent financial requirements.

(iv) to issue an appropriate to restore the Jamabandi no.609 created in name of the Petitioner, which has been canceled on ground that the land of the Petitioner is under land acquisition proceedings.

(v) to any other relief or reliefs for which the Petitioner is found to be entitled in the facts and circumstances of the case."

3. Learned State counsel has taken this Court to the counter affidavit filed on behalf of the respondent no. 5, 6 and 9 to 11 and as per the paragraph no.5, the Director, Land Acquisition, Bihar vide office letter no. 593 dated 02.05.2016 informed the Collector, Patna that the declaration of award relating to Mauza Dumri-II, Thana No. 48 (area 211.19 acre) was not completed in two years from the publication of notification dated 24.12.2007 and as such, the land acquisition

4/4 proceeding stands lapsed.

4. The submission of the learned State counsel is that in that background, when the land acquisition proceeding has lapsed, the writ petition has become infructuous.

5. Learned counsel for the petitioner submits that he may be granted liberty to agitate the matter afresh, if situation so warrant. The further submission is that since the 'Jamabandi' was canceled, the petitioner be allowed to take fresh steps for its restoration in accordance with law.

6. Granting said liberty and taking note of the said statement made in the counter affidavit, the writ petition is disposed of, if the fresh development has taken place, the petitioner can avail all the remedy available under the law of the land.

(Rajiv Roy, J) vinayak/- U