IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.944 of 1978 STATE Versus RAM BILASH RAI with FA No.958 of 1978 STATE OF BIHAR Versus SMT. DULHIN SUNDRI KUER with FA No.973 of 1978 STATE OF BIHAR Versus KISHORI RAI with FA No.981 of 1978 STATE OF BIHAR Versus SHYED SHAHABUDDIN BALKI & ANR with FA No.987 of 1978 STATE OF BIHAR Versus NAHAK CHOUDHARY with FA No.993 of 1978 STATE OF BIHAR Versus MOST. RAM DULARI DEVI with FA No.994 of 1978 STATE OF BIHAR Versus MD. ISLAM AND ANR. with FA No.996 of 1978 STATE OF BIHAR Versus HAKIM SHIYAD SHAH ALIUDDIN BUL with FA No.23 of 1979 STATE Versus SHREE PD.SINGH 2 with FA No.31 of 1979 STATE OF BIHAR Versus DWARIKA SINGH with FA No.47 of 1979 STATE Versus LALIT NARAYAN SINGH with FA No.48 of 1979 STATE OF BIHAR Versus RAM TEHAL RAI with FA No.96 of 1979 STATE OF BIHAR Versus BINDESHWARI SINGH with FA No.100 of 1979 STATE OF BIHAR Versus RAM SUHAWAN SINGH & ORTS with FA No.103 of 1979 STATE OF BIHAR Versus RAMJEE SINGH with FA No.125 of 1979 STATE OF BIHAR Versus GANGA MAHTO & OTR (item nos. 11 to 17 in the cause list) with FA No.415 of 1988 STATE OF BIHAR Versus BAIJ NATH PD. with FA No.417 of 1988 STATE Versus 3 RAM ASHRAY PANDEY with FA No.422 of 1988 STATE OF BIHAR Versus RAM DAS PD. with FA No.425 of 1988 STATE Versus SHIVULAK ROY with FA No.426 of 1988 STATE OF BIHAR Versus SATYA BHUSHAN SINGH with FA No.427 of 1988 STATE Versus RAM BABU & ANR with FA No.431 of 1988 STATE OF BIHAR Versus BIHARI & ORS with FA No.452 of 1988 STATE Versus LAKHAN SINGH ----------- 8 21/4/2010 Heard Mr. Anil Kumar Jha, GA- II, Mr. P.Tekriwal, GA I, Mr. S.D. Jha, AC to GA I, Mr. H.P.Singh, GA VI, Mr. Sanjay Kumar, GP XIV, Mr. K.P.Gupta, SC V, Mr. R.B. Mahto, AAG – VIII, learned counsel for the appellant – State and Mrs. Sheela Sharma, learned counsel for the respondents. 4 This batch of appeals are interconnected and interlinked. Two sets of awards dated 30th May, 1998 and 31.7.1978 respectively passed in these appeals are under challenge. The Land Acquisition Officer had awarded Rs.11,110/- per acre. The reference court had enhanced it to Rs.80,000/-. He has placed reliance on Ext.1/D & 1/E, which relates to village – Raipura. The sale deed shows that the land was sold at the relevant time @ Rs.1220/- per katha and, therefore, the price per acre would come to Rs.11,110/-. The reference court has placed reliance on Ext.3, which relates to village Gobindpur, where the land was sold @ Rs.2500/- per katha and accordingly fixed the price at Rs.80,000/-. Learned counsel for the State submitted that the reference court should have been guided by Ext.1/D & 1/E and not Ext.3. I am not inclined to accept the said submission. Regard being had to the totality of the facts and circumstances and keeping in view the concept of potentiality of land and the situation the price, I am of the view that the prudent purchaser would offer some kind of gesture to purchase the same and accordingly I 5 am inclined to fix the price of land at Rs.45000/- per acre. In the result, the appeals are allowed in part. There shall be no order as to costs. Neyaz/ (Dipak Misra, CJ.)