Brahmdeo Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15199 of 2014 ====================================================== Brahmdeo Prasad, son of Late Sita Ram Prasad, Resident of Village- - Nanour Via - Barbigha, Post Office - Ibrahimpur, Police Station - Bind, District - Nalanda .... .... Petitioner/s

Versus

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

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

3. The Special Land Acquisition Officer, Middle Irrigation Project, Jamui

4. The Accountant General, Bihar, Bir Chand Patel Marg, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Advocate Mr. Umesh Pathak Advocate For the Respondent/s :

Mr. K. K. Singh AC to SC-10 For the Accountant General :

Mr. Kumar Priya Ranjan Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 13-07-2017 The Director, Land Acquisition and Rehabilitation will appear in person at 1 o'clock before this Court. Later Since the order, contained in Annexure-A to the counter affidavit, has not been interfered with and upheld in C.W.J.C. No. 6895 of 2012, disposed off on 12.09.2012, the prayer made in the present writ application would amount to virtually reviewing the earlier order passed in the writ application, which this Court has no jurisdiction. The relief prayed for by the

Patna High Court CWJC No.15199 of 2014 (5) dt.13-07-2017 2/2 petitioner to that extent cannot be allowed at this juncture. However, in terms of the order, once the criminal case, pending before the Vigilance Court comes to an end and leads in acquittal of the petitioner then in terms of the order, dated 23.11.2010, passed by the Director, Land Acquisition and Rehabilitation, the same will accrue to him.

Writ application stands disposed off in terms of above.

The personal appearance of the Director, Land Acquisition and Rehabilitation stands dispensed with. (Ajay Kumar Tripathi, J) SKM/- U