IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.898 of 2009 1. Bihar State Hydroelectric Power Corporation having its Registered Head Office at Birchand Patel Marg, Patna through its Managing Director 2. The Managing Director, Bihar State Hydroelectric Power Corporation, Birchand Patel Marg, Patna ..... Petitioners ...... Appellants VERSUS 1. The State of Bihar through Secretary to Government Department of Land Reforms, Old Secretariat, Patna 2. The Director, Land Revenue, Government of Bihar, Patna 3. The Collector, West Champaran, Bettiah 4. The Addl. Collector, West Champaran, Bettiah 5. The Land Acquisition Officer, West Champaran, Bettiah 6. The Circle Officer, Bagaha Anchal II ... Respondents 1st party .... Respondent 1st set 7. Md. Alam S/o Late Md. Sadik, village – Debey, Tola Bagaha, West Champaran ... Respondents 1st party .... Respondent 1st set WITH LPA No.930 of 2009 1. Bihar State Hydroelectric Power Corporation having its Registered Head Office at Birchand Patel Marg, Patna through its Managing Director 2. The Managing Director, Bihar State Hydroelectric Power Corporation, Birchand Patel Marg, Patna .... Respondent nos.3 and 4 ... Appellants VERSUS 1. The State of Bihar through the Collector, West Champaran, Bettiah 2. The District Land Acquisition Officer, West Champaan, Bettiah .... Respondent nos.1 and 2 Respondents 1st set 3. Md. Alam S/o Late Md. Sadik, village – Dubey Tola, P.S. Bagaha, District - West Champaran .... Petitioner .... Respondent 2nt set ------- 2 4 11.2.2010 In the facts of the case, we have found that the limitation is fit to be condoned. IA Nos.4207 and 4437 of 2009 are allowed. Heard learned counsel for the appellants and learned counsel for the State and perused the judgment under appeal whereby writ petition preferred by the appellant has been dismissed and that by one Md. Alam has been allowed by the Writ Court. From the discussions made by the learned Writ Court, particularly at page 7 of the order under appeal it appears that due to mistake of the revenue authorities of the government, the land of Md. Alam (respondent no.7 to one of the writ petitions) was treated as government land or Gair-majaruwa Malik land and handed over to the appellant Corporation without formalities of acquisition. Subsequently, after a detailed inquiry on account of claim by Md. Alam, it was found that land had been settled long back to his predecessors. Hence, the State was compelled to initiate a fresh acquisition proceeding in the year 1998 in respect of lands found to be that of Md. Alam. Since the State Government has itself conceded that the lands 3 belong to Md. Alam, the Writ Court has rightly rejected the claim of the appellants that the lands belong to the government. In the facts of the case, we find no merit in these appeals. They are accordingly dismissed. (Shiva Kirti Singh, J.) (C. M. Prasad, J.) sk