Pradeep Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21866 of 2013 ====================================================== Pradeep Paswan, S/O Late Tilak Paswan, Resident Of Village- Karahia Tole, Kasiyana Shrirampur, Police Station- Rajnagar, District- Madhubani. .... .... Petitioner/s

Versus

1. The State Of Bihar through Under the Secretary Department of Revenue and Land Reforms, Bihar, Patna.

2. The Collector, Madhubani.

3. The Additional Collector, Madhubani.

4. The Sub Divisional Officer, Sadar Madhubani.

5. The District Land Acquisition Officer, Madhubani.

6. The Nazarat Deputy Collector, Madhubani.

7. The Circle Officer, Rajnagar, Madhubani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha, Adv. For the Respondent/s : Mr. Lokesh Kumar Singh, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 11-04-2016 Petitioner has filed the present writ petition under Article 226 of the Constitution of India assailing the validity and correctness of the declaration dated 26.02.2013 made under Section 6 of The Land Acquisition Act, 1894, whereby 75 acres of land including the land belonging to the petitioner is sought to be acquired for establishment of Headquarter of S.S.B. at Rajnagar in the district of Madhubani.

This matter was heard earlier on 22.12.2015 and in compliance of the aforesaid order dated 22.12.2015, a counter affidavit has been filed on behalf of the respondent nos.2 to 7 wherein it has been stated in paragraph 16 that the State Government has issued notification under Section 93(1) of Act 30 of 2013 withdrawing the entire acquisition proceeding, which was initiated for acquiring the aforesaid 75 acres of land at the village Karahiya. The aforesaid notification dated 10.12.2014 has been

Patna High Court CWJC No.21866 of 2013 (3) dt.11-04-2016 brought on record as Annexure-A to the counter affidavit filed on behalf of the respondent nos.2 to 7.

In above view of the matter, the cause of action does not survive and the present matter has become infructuous since no land belonging to the petitioner is now being acquired by the State of Bihar.

The writ petition stands dismissed as infructuous. (Birendra Prasad Verma, J) Arvind/- U