IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18616 of 2011 Naresh Yadav Son Of Late Lakshmi Narayan Yadav Resident Of Village - Shekhpura, P.Ss. Pandarak Distirct – Patna…. ….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The District Land Acquisition Officer, Patna 4. The Additional District Land Acquisition Officer, Patna 5. The Super Thermal Power Project , Barh, Patna Through its Manager 6. Brihaspat Yadav Son Of Late Raghu Yadav Resident Of Village - Gowasa Shekhpura, P.S Pandarak, District – Patna…. …..Respondents …………….. For the Petitioner : Mr. Md. Anisur Rahman, Advocate For the State : Mr. Sumant Kumar Singh, A.C. to S.C. 5 ………………………… 2 17.11.2011 Heard learned counsel for the petitioner and the State. Petitioner seeks quashing of the order dated 15.4.2011 (Annexure-8) in Land Acquisition Case No. 1/09-10 passed by the Collector, Patna whereby the case has been referred to the District Land Acquisition Officer, Patna to get necessary order on concerned in the light of Section 30 of the Land Acquisition Act, 1894 (hereinafter referred to be as “the Act”) and subsequently a letter No.1069 2 dated 21.6.2011 written by the District Land Acquisition Officer, Patna addressed to the Special Land Acquisition Judge, Sub Judge-2, Patna whereby in view of the decision taken in C.W.J.C. No. 2591/08 as directed by the Collector, Patna, he has referred the matter under Section 30 of the Act as there has been dispute between the parties with regard to the title of the land under acquisition. It is submitted that the petitioner had earlier moved before this Court by filing C.W.J.C. No. 2591 of 2008 which was disposed of vide order dated 24.08.2009, a copy of which stands appended as Annexure-7. This Court after noticing the relevant facts disposed of the matter granting liberty to the petitioner to file application under Section 30 of the Act. The Collector was directed to pass appropriate order in accordance with law within two months. It is submitted on behalf of the petitioner that the Collector has kept the matter pending beyond the period which was prescribed by this Court. However, ultimately on 15.4.2011 he has passed the order directing the District Land Acquisition Officer, Patna 3 to pass necessary order and the District Land Acquisition Officer, Patna vide order dated 21.06.2011 has referred the case under Section 30 as contained in Annexure -9. However, on perusal of Annexure-8, i.e., the order passéd by the Collector, Patna, it appears that upon the petition filed under Section 30 of the Act, he has directed the District Land Officer, Patna to obtain an order in the concerned file under Section 30 of the Act and dispose of the matter. From Annexure- 9 which is a letter written by the District Land Officer, Patna to the Special Land Acquisition Judge, Sub-Judge-2, Patna, it appears that in view of the order passed in C.W.J.C. No. 2591/08 and as directed by the Collector, the matter has been sent for a decision under Section 30 of the Act. This Court does not find any illegality in the proceeding as the authorities concerned have referred the matter under Section 30 of the Act for a decision before the concerned Sub-Judge Land Acquisition in view of the earlier order passed by this Court. 4 Accordingly, this writ application is dismissed. However, it is made clear that this order would not come in the way of the petitioner in pursuing his case before Sub-Judge-2, Patna in the reference case. It is also expected that the Sub- Judge-2, Patna would ensure expeditious disposal of the matter. Sanjay-II (Dr. Ravi Ranjan, J.)