Patna High Court
Abha Rani GuptaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was dismissed as infructuous due to the lapse of time.
Summary
Petitioners Jai Prakash Gupta and Abha Rani Gupta filed writ petitions seeking to quash a public notice dated 30 September 2007 that ordered spot verification of land acquired for the Bihar Finance Service House Construction Cooperative Society, to delete plot No. 187 from the acquisition, and to stay any further verification. They relied on earlier judgments of the Patna High Court that had applied to similar cases. The State counsel argued that the petitioners' reliefs had become infructuous because of the lapse of time since the notice was issued. The Court examined the claim of infructuity and found that the passage of time indeed barred the petition. Consequently, the Court disposed of the writ petitions as infructuous, granting no relief to the petitioners.
Issues considered
- Whether the public notice dated 30 September 2007 for spot verification can be quashed.
- Whether the acquisition of plot No. 187 can be deleted and the plot de‑notified.
- Whether the petition is barred by lapse of time and thus becomes infructuous.
Subjects
- land acquisition
- public notice
- spot verification
- writ of certiorari
- writ of mandamus
- infructuous petition
- de‑notification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11612 of 2016
======================================================
Jai Prakash Gupta S/o Late Om Prakash Gupta Resident of Plot No. 187, Jai
Prakash Nagar, P.S. - Agam Kuan, Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector, Patna.
3. The Additional Collector Incharge Land Acquisition, Patna.
4. Bihar Finance Service House Construction Cooperative Society through its
Secretary, Patna having its office at Mohalla-Gardanibagh, Road No. 29/3,
P.S., Gardanibagh, District-Patna
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 11718 of 2016
======================================================
Abha Rani Gupta D/o Late B.K. Seth Resident of Plot No. 187, Jai Prakash
Nagar, P.S. Agam Kuan, Distt. Patna
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector, Patna
3. The Additional Collector Incharge Land Acquisition, Patna
4. Bihar Finance Service House Construction Cooperative Society through its
Secretary, Patna having its office at Mohalla-Gardanibagh, Road No. 29/3,
P.S., Gardanibagh, District-Patna
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 11612 of 2016)
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate
For the State : Mr. Ravindra Kr. Priyadarshi, SC-32
(In Civil Writ Jurisdiction Case No. 11718 of 2016)
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate
For the State : Mr. Sarvesh Kumar Singh, AAG-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 16-02-2026 Heard the parties.
2. The present petition has been preferred for the
Patna High Court CWJC No.11612 of 2016(3) dt.16-02-2026
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grant of following relief(s):
“(i) for issuance of an appropriate
writ and/or writs in the nature of certiorari to
quash the impugned public notice dated
30/9/2007 published in the Hindi daily
"Hindustan" in its issue dated 30/9/07 whereby
the spot verification is to be done and
recommendation for land in village Kumhrar,
P.S. No. 12 in which 56.1275 acre land has been
acquired for Bihar Finance Service House
Construction Co-operative Society to the extant
plot no. 187 has also been included for spot
verification despite the order dated 20th June
2001 passed in CWJC No. 2755/1988 by a
Division Bench presided over by Hon'ble Mr.
Justice S.N. Jha ratio whereof was also made
applicable to CWJC No. 875/1984 and CWJC
No. 877/1984 disposed of on 01/4/2003 as also
the order dated 18/8/2004 passed by the Apex
Court in analogous civil appeal no. 1357/2003
with SLP (C) nos. 22606/2003 which relates to
the SLP filed by the petitioner.
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(ii) for a direction upon the Collector
and the Land Acquisition Officer to delete plot
no. 187 (part), Khata No. 269, Tauzi No. C-35,
Mauza-Yogipur Kumhrar, Thana No. 12, area
measuring 15 decimal on which the residential
building of the petitioner is in existence for the
last 25 years from the impugned public notice
published for spot verification.
(iii) for issuance of an appropriate
writ and/or writs in the nature of mandamus
commanding the respondents to de-notify the
plot in question to treat the plot as de-notified on
the basis of the judicial order passed by the
Division Bench Hon'ble Patna High Court
referred above and the judgment and order dated
passed in Civil Appeal 18/8/2004 with analogous
SLP (C) 1357/2003 ratio whereof was also made
applicable to the case of the petitioner bearing
plot no. 187 (part), khata no. 269, admeasuring
15 decimal, Mauza Yogipur, Kumhrar, Patna.
(iv) for stay of the spot verification of
plot no. 187 (part), khata no. 269 admeasuring
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area 15 decimal, which is proposed to be done
on the basis of impugned public notice.
(v) and for any other relief/reliefs to
which the petitioner is found entitled to.
3. Learned State counsel has directly pointed out that
the prayer made in the petition with the passage of time has
become infructuous.
4. Accordingly, the writ petition is disposed of as
become infructuous.
(Rajiv Roy, J)
vinayak/-
U
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