Patna High CourtCWJC/14327/2014disposed

Pushp Ranjan Kumar v. The State Of Bihar And ORS

2017-09-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14327 of 2014 ======================================================

1. Pushp Ranjan Kumar son of Late Sital Ray resident of village - Ganeshpur, P.S. Purani, District - Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Water Resources Department, Government of Bihar, Patna

2. The Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna

3. The District Magistrate, Saharsa

4. The District Magistrate, Madhepura

5. The Special Land Acquisition officer, Koshi Yojana, Saharsa

6. The Special Land Acquisition officer, Koshi Yojana, Purnea

7. The Executive Engineer, Water Resources Department, Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Nath Dubey For the Respondent/s : Mr. Aag13- A.K.Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

The lands of Khata No. 1179 containing to plot no. 3750, 3848, 3848, 3845 and 3848 of village puranee were acquired by the respondents for construction of drainage but no compensation was paid to the petitioner.

However, in counter affidavit filed on behalf of the respondents, it has specifically been pleaded that acquisition proceeding by which the above stated lands were acquired had already been lapsed after coming into force of new Land

Patna High Court CWJC No.14327 of 2014 (2) dt.12-09-2017 2/2 Acquisition Act and moreover, it has specifically been pleaded in the counter affidavit that the State does not want to acquire the lands in question at present.

Since it has been admitted by the respondents that the previous acquisition proceeding has already been lapsed and presently, there is no need of acquisition of lands in question, in my view, this writ petition does not have any merit and accordingly, this writ petition stands disposed of. (Hemant Kumar Srivastava, J) N.K/- U