Ram Awdesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11498 of 2019 ====================================================== 1.

Ram Awdesh Yadav Son of Ram Babu Yadav Resident of Mohalla- Naya Tola, Kumhrar, P.s.- kankarbagh, Distt. Patna. 2.

Nawab Lal Son of Ram Babu Yadav Resident of Mohalla- Naya Tola, Kumhrar, P.s.- Kankarbagh, Distt. Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the District Magistrate, Patna. 2.

The District Magistrate Patna.

3.

The District Land Acquisition Officer Patna.

4.

Bihar State Finance Service House Construction Co-operative Society, Patna.

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the State :

Mr.Subash Chandra Yadav ( GP-15 Ms. Sangha Mitra Ghosh,AC to GP 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-06-2019 Following is the relief, which the petitioners are seeking"- "For holding the land appertaining to Mauza-Kumhrar, Khata No. 524, 575 bearing Khesra No. 214, 218 Area 24 decimal and Khata No.

515, Khesra No. 245 area 32 decimal and Khata No. 51 Khesra No. 248 area 29 decimal which were subject matter of acquisition by the State Government for providing land for construction of residential houses to the members of respondent Bihar State Finance Service House Construction Co-operative Society, Patna for which notification under Section 4 of the Act was made on

Patna High Court CWJC No.11498 of 2019(2) dt.26-06-2019 2/2 18.04.1981 and award was prepared much 5 years earlier of coming into force of Act, 2013, but till date neither compensation has been paid nor actual physical possession has been taken of the land in question as such the said acquisition process stood lapsed on account of operation of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013."

However, in view of Supreme Court's judgment dated 18th August, 2014, rendered in the case of Ashish Sahkari Grih Nirmal Samiti and other analogous cases, whereby the respondents were directed to acquire the lands, in question, I do not intend to accede to the prayer made in the writ application. This writ application is accordingly dismissed. (Chakradhari Sharan Singh, J) HR/- U