IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.127 of 2009 MD.FAROOQUE AZAM, son of Late Sheikh Nizamuddin, R/O village- Hariya Bara, Tola Rahmat Nagar, P.S.and Anchal, Araria, Distt- Araria.- --Appellant. Versus 1.THE STATE OF BIHAR 2.Commissioner-cum-secretary, Revenue and Land Reforms Department, Bihar, Patna 3.Under Secretary to government, Revenne and Land Reforms Department, Bihar, Patna 4.Commissioner, Purnia Division, Purnia 5.Collector, Araria 6.District Land Acquisition Officer, Araria 7.Sub Divisional Officer, Araria 8.Anchaladhikari, Araria 9.Mukhiya, Gram Panchayat, Haria, P.S. & Distt- Araria.— Respondents ----------- For the petitioner : Mr. Shabbir Ahmad For the State : AAG-III. ---- 3. 12.2.2009. Writ petitioner-appellant, aggrieved by the order dated 7.3.2008 passed by learned Single Judge in C.W.J.C.No.1344 of 2008 dismissing the writ application, has preferred this appeal under Clause 10 of the Letters Patent. Writ petitioner-appellant challenged the acquisition of land for the purpose of construction of Police Station invoking Section 17 of the Land Acquisition Act, as amended by Bihar Act 11 of 1961. Mr. Shabbir Ahmad appears on behalf of the petitioner. State is represented by AAG-III. While upholding the acquisition, the learned Single Judge has observed as follows: “xxx This court exercising under Article 226 of the Constitution of India would find it difficult to interfere with the 2 site selection specially when in Annexure 1 also there is clear averment of the non availability of suitable land. Moreover, the acquisition has been made under emergent provision under section 17(4) of the Act. In that view of the matter when the authorities have selected land for an area of 30 acres this court can not substitute its own opinion. Consequently challenge of the petitioner to the notification under section 4 of the Act must fail and this writ application is accordingly dismissed.” We do not find any error in the same. Appeal stands dismissed in limine. ahk (C. K. Prasad,ACJ) (Shyam Kishore Sharma)