IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12602 of 2007 Sheo Shankar Pandey Son of Late Ram Naresh Pandey resident of village or P.O. Chand Dist. Kaimur Versus 1.THE STATE OF BIHAR 2.The Collector of Kaimur 3. The Addl. Collector of Kaimur 4. Land Acquisition Officer, Kaimur 5. Anchal Adhikari, Chand, Anchal Dist. Kaimur --------- 3 24.2.2009 No one appears for the petitioner. Heard Mr Ajay Kumar Sharma, learned Assistant counsel to learned Additional Advocate General no.3 for the respondents. 15.40 acres out of a bigger area of land belonging to the petitioner was acquired way back in the year 1960, and the amount of compensation has been paid to him. The same was acquired for public purpose of Samudaik Vikash Yojana. It is submitted on behalf of the petitioner that the same is Dhanhar land, and 1.69 acres of the acquired land has remained unused. It is, therefore, prayed that 1.69 acres of land may be released. It appears that the land acquisition proceedings concluded long back, and the land so acquired vests in the State of Bihar. Non- use of a portion of the acquired land can not be a ground to release the same in a situation where the project has been implemented and major portion is in use. The extra land may serve the dominant purpose in various ways, for example, may be used for parking of vehicles, for gardens, etc. The writ petition does not disclose any cause of action. It is frivolous writ petition. The writ petition is dismissed. ( S.K. Katriar, J) - 2 -