IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.16920 of 2007
BRAHMADEO YADAV, SON OF SRI HRIDAYA NARAYAN YADAV, RESIDENT OF VILLAGE SABAILA,
P.S. SINGHESHWAR ASTHAN, DISTRICT MADHEPURA. ---- PETITIONER
Versus
1. THE STATE OF BIHAR.
2. THE ADDITIONAL SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS
DEPARTMENT, GOVERNMENT OF BIHAR, PATNA.
3. THE COLLECTOR, MADHEPURA.
4. THE ADDITIONAL COLLECTOR, MADHEPURA.
5. THE DISTRICT LAND ACQUISITION OFFICER, MADHEPURA. ---- RESPONDENTS
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6 13.7.2010 The petitioner has filed this writ application for deleting
lands of Mouja Gajarhat, Khesra No. 1716 (Part) measuring an area of
1.93 acres out of 2.8 acres, Khesra No. 1718 (Part) measuring an area
of 33 decimals out of 40 decimals, Khesra No. 1719 (Part) measuring
an area of 77 decimals out of 86 decimals and Khesra No. 1720 (Part)
measuring an area of 1.08 acres out of 3.50 acres from the notification
under Section 4 of the Land Acquisition Act.
A counter affidavit has been filed in which it has been
categorically stated that the lands of the petitioner cannot be deleted
from the acquisition proceeding on the ground that they form part of
chunk of lands which has been acquired for the B.N. Mandal
University and the lands of the petitioner fall in the centre of the
chunk of land acquired. It is true that some lands have been deleted
from the acquisition proceeding but those lands have fall on the
periphery on the boundary of the chunk of land which has to be
acquired. Parts of petitioner’s land have in fact been excluded which
from acquisition, would be apparent from paragraph nos. 8 and 9 of
the counter affidavit. I find that reasons for not exempting the
petitioner’s land is fair and quite reasonable; as such the prayer
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regarding exemption is dismissed
The petitioner has raised some other issues as well.
Such issues may be raised at the appropriate stage of Land Acquisition
Proceeding. This Court finds no reason to interfere with the order.
This application is dismissed.
Sanjay (Sheema Ali Khan, J.)