IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6863 of 2010 SURESH SINGH, S/O SHIV NATH SINGH, R/O VILLAGE-NAINPURA,P.O.- NAINPURA,P.S.-PACHRUKHI,DISTRICT-SIWAN. Versus 1. THE STATE OF BIHAR,THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR,PATNA. 2. THE COLLECTOR,SIWAN. 3. THE EXECUTIVE ENGINEER, SARAN CANAL DIVISION, GANDAK PROJECT, MAHARAJGANJ,DISTRICT-SIWAN. 4. THE PROGRAMME OFFICER,PACHRUKHI BLOCK,DISTRICT-SIWAN. 5. THE SUB DIVISIONAL OFFICER, MAHARAJGANJ, SARAN SUB-DIVISION GANDAK PROJECT TRAWARA,DISTRICT-SIWAN. 6. THE INCHARGE ASSISTANT ENGINEER, SARAN SUB-DIVISION GANDAK PROJECT TRAWARA,DISTRICT-SIWAN. 7. THE MUKHIYA, R/O VILLAGE - SUPAULI, P.S.- PACHRUKHI, DISTRICT-SIWAN. ----------- 02. 26.04.2010. Heard learned counsel for the petitioner and the State. 2. It is submitted on behalf of the petitioner that the lands in question detailed in paragraph-3 of the writ application was acquired by the State Authorities after paying compensation to the petitioner for raising a canal over the same, which according to the petitioner was never raised. 3. Counsel for the State, however, disputes such submission as according to him the canal was raised but on account of paucity of water in river Gandak, the canal is not functional and better public purpose is being served by transferring the lands in question to the village Panchayat for its use. Counsel for the petitioner states that transfer is not permissible as the land having been acquired for raising canal for irrigation purpose, the same could not be transferred to the panchayat for any other public purpose. In this connection, learned counsel for the petitioner has placed reliance over instruction of the State Government contained in letter no.123 dated 12.1.1979 as - 2 - contained in Annexure-6 to the supplementary affidavit filed today, perusal whereof indicates that if the lands acquired are not being used for public purpose for which it was acquired, the authorities have to consider its return to the tenant land holder. 4. Having heard counsel for the petitioner and the State, I grant liberty to the petitioner to represent before the Commissioner, Revenue and Land Reforms making request for return of the lands in question as the same is not being utilized for the purpose for which it was acquired in the light of the instruction of the State Government bearing letter No. 123 dated 12.1.1979, Annexure-6 as early as possible, in any case within three months from the date of receipt of the representation before the Commissioner. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha,J.)