IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14445 of 2009 SATAYA NARAYAN PRASAD, S/o- Late Reghu Nandan Prasad, Resident of Village- Mushapur Bangar, P.S.- Muffashil, Samastipur, District- Samastipur and at present residing at Naya Tola, Speaker Road, Muzaffarpur :--- Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, Minor Irrigation Department, Bihar, Patna. 3. The Joint Secretary, Nal Kup, Bihar, Patna. 4. The Secretary, Flood Control Department, Bihar, Patna. 5. The Secretary, Jal Path Department, Bihar, Patna. 6. The Chief Executive Engineer, Nal Kup (North), Muzaffarpur 7. The Managing Director, Bihar Jal Vikas Nigam Limited, Bihar, Patna. 8. The Collector, Samastipur. 9. Superintendent Engineer, Nal Kup, Anchal Darbhanga. 10. Executive Engineer, Nul Kup Parmandal, Samastipur. 11. Executive Engineer, Flood Control Parmandal Samastipur. 12. Executive Engineer, Jal Path Parmandal, Samastipur. 13. The Additional Collector, Land Reforms, Samastipur. 14. Sub Divisional Officer, Nul Kup Parmandal, Samastipur. 15. The Land Acquisition Officer, Samastipur. 16. Sub Divisional Officer, Samastipur. 17. The Circle Officer, Samastipur. 18. Block Development Officer, Samastipur. :------- Respondents. ----------- 2. 05.11.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner asserts that he is the raiyat of Cadastral Survey Plot Nos. 433 and 434 of Village- Mushapur Bangar P.S. No. 177 Mufassil, Samastipur over which tubewell was sunk by the Minor Irrigation Department without acquiring the said plots and the authorities are liable to pay compensation for the land used by them for sinking the tubewell. From the writ petition itself it is evident that the tubewell was sunk in the year 1952 and then again in 1972. It is submitted on behalf of the petitioner that petitioner has been representing before the authorities for payment of the compensation but the authorities are only corresponding and has not considered his request for payment of compensation. In this connection it is pointed - 2 - out that Junior Engineer, Tubewell Sub-Division, Samastipur under letter dated 18.05.2002, Annexure-12 admitted the position that the lands over which the tubewell has been sunk does not appear to have been either acquired or donated to the State under document executed by the raiyat of the said land permitting the authorities to sink the tubewell over the said land and on the basis of the correspondence dated 18.05.2002, Annexure-12 petitioner has filed this writ application for a direction to the authorities to consider and dispose of his claim for payment of compensation. 3. Having heard counsel for the petitioner and the State, I am of the view that the tubewell was sunk in the year 1952 and then in the year 1972 and correspondence between the petitioner and the Junior Engineer was made until 2002 and petitioner has approached this Court on 3rd November, 2009. In the circumstances, I am not inclined to entertain the writ petition, which is dismissed on the ground of laches. P.K.P. (V.N.Sinha, J.)