IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10995 of 2009 DINESH CHANDRA THAKUR Versus THE STATE OF BIHAR & ORS ----------- 2 28.08.2009. Heard learned counsel for the parties. The petitioner is aggrieved by order dated 25.5.2009, passed by the District Land Acquisition Officer, Sitamarhi in record case no. 8 of 2005-06, whereby he rejected the application. The petitioner states that land in question is ancestral land and same came in his share pursuant to decree passed in Title suit no. 103 of 1993. Name of the petitioner was mutated in respect of the aforesaid land bearing plot no. 2543,2549,2550,2559,2582,2198 of Khata no. 360 of village Kanhwa Police Station Bela Anchal in the district of Sitamarhi. Leaned counsel submits that 2.50 acres of the aforesaid land has been acquired under the land acquisition proceeding for construction of Muzaffarpur Sitamarhi new Railway line without any notice. He further submits that in fact notice was issued in the name of a different land lord. The petitioner states that he even sent notice to commandant SSB and also filed a representation before the commandant for release of land. He submits that land acquisition officer rejected his application on two grounds. Firstly, that petitioner had withdrawn a writ petition in this respect. Secondly, the land acquired has already been handed over to the department concerned. The petitioner states that he had not earlier filed C.W.J.C. in respect of subject matter of the writ petition. After hearing the parties, as the award was already prepared - 2 - and possession of land has been handed over to the concerned department, the petitioner may take resort to any remedial measure under law. The writ petition stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J).