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Patna High Court

Brijkishore Paswan and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petitions were disposed of as infructuous upon the petitioners' withdrawal of the proceedings.

Summary

The petitioners, a group of landowners from Aurangabad district, filed writ petitions challenging a notice dated 8‑02‑2014 issued under section 12(2) of the Land Acquisition Act in acquisition case No. 35/2012‑13, alleging that it was arbitrary and that their objections under section 9 regarding valuation were left unheard, violating principles of natural justice. They sought quashing of the notice, a hearing of their objections, and a restraining order against further acquisition proceedings. The respondents, representing the State of Bihar and various district officials, opposed the reliefs. During the hearing, counsel for the petitioners informed the court that the grievance had been resolved and the petitioners wished to withdraw the writs. The court granted permission to withdraw and disposed of the petitions as infructuous, without addressing the merits of the alleged violations.

Issues considered

  • Whether the notice issued under section 12(2) of the Land Acquisition Act is arbitrary, irrational and contrary to the Act.
  • Whether the petitioners were denied a hearing on their objections under section 9 of the Land Acquisition Act, amounting to a violation of natural justice.
  • Whether the court should quash the notice and restrain further acquisition proceedings.

Legislation cited

Subjects

  • Land Acquisition
  • Section 12(2)
  • Section 9
  • Natural Justice
  • Writ Petition
  • Withdrawal
  • Infructuous

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2104 of 2015
     ======================================================
1.    Lallan Singh Son of Late Ramvilash Singh
2.   Ramchandra Singh Son of Late Ramvilash Singh
3.   Ashok Singh Son of Late Ram Naresh Singh
4.   Arvind Singh Son of Late Ram Naresh Singh
5.   Mithlesh Singh Son of Late Ram Naresh Singh
6.   Kumar Om Son of Late Ram Vilash Singh All are resident of village - Kerka
     Tola Khadha, P.S. - Nabinagar and District - Aurangabad.

                                                                    ... ... Petitioner/s
                                          Versus
1.   The State Of Bihar.
2.   The District Magistrate, Aurangabad.
3.   The Additional Collector, Aurangabad.
4.   The District Land Acquisition Officer, Aurangabad.

                                               ... ... Respondent/s
     ======================================================
                                            with
                    Civil Writ Jurisdiction Case No. 2072 of 2015
     ======================================================
1.    Brijkishore Paswan Son of Late Hari Paswan
2.   Modrika Paswan Son of Late Faudar Paswan Both are resident of Village -
     Mangabar, P.S. - Nabinagar and District - Aurangabad.

                                                                    ... ... Petitioner/s
                                          Versus
1.   The State Of Bihar.
2.   The District Magistrate, Aurangabad.
3.   The Additional Collector, Aurangabad.
4.   The District Land Acquisition officer, Aurangabad.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     (In Civil Writ Jurisdiction Case No. 2104 of 2015)
     For the Petitioner/s      :       Mr. Anirudh Kumar Verma, Advocate
     For the Respondent/s      :       Mr. Tripurari Nath Ambastha, AC to SC-26
     For the NTPC              :       Mr. Tuhin Shankar, Advocate
     (In Civil Writ Jurisdiction Case No. 2072 of 2015)
     For the Petitioner/s      :       Mr. Anirudh Kumar Verma, Advocate
     For the Respondent/s      :       Mr. A.B. Sinha, GA-8
                                       Ms. Kalpana, AC to GA-8
     For the NTPC              :       Mr. Tuhin Shankar, Advocate
         Patna High Court CWJC No.2104 of 2015(8) dt.20-01-2026
                                                     2/3




                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

8   20-01-2026                 Heard the parties.

                               2. The present petitions have been preferred for the

                   following relief(s):

                                               “(i) For quashing/ setting aside the

                                   notice dated 8.02.14 issued by the concerned

                                   respondent under section 12(2) of the Land

                                   Acquisition Act arising out of L.A. case no.

                                   35/2012-13 which is arbitrary, irrational and

                                   contrary to the Act and which has been issued

                                   leaving the objection/claim made by the petitioners

                                   un disposed u/s 9 of the Land Acquisition Act.

                                               (ii) For further directing the authorities

                                   concerned to hear the objection/claim made in

                                   pursuance of the notice issued u/s 9 of the Act by

                                   the petitioners who filed their objection in respect

                                   of the valuation of the properties under Acquisition

                                   and it remains un disposed and there is violation of

                                   natural justice because no opportunity of hearing

                                   was given and no order was passed on the

                                   objection and the authorities arbitrarily prepared

                                   award in question.
          Patna High Court CWJC No.2104 of 2015(8) dt.20-01-2026
                                                      3/3




                                                (iii) For further restraining the authority

                                    to initiate further proceeding under the Act till

                                    disposal of the matter.”

                                3. Learned counsel for the petitioners, Mr. Anirudh

                    Kumar Verma submits that the grievance stands redressed and as

                    such, the petitioner be permitted to withdraw the petitions.

                                4. Permission accorded.

                                5. Accordingly, the writ petitions stand disposed of as

                    infructuous.



                                                  (Rajiv Roy, J)
Adnan/-

U


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