IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8474 of 2010 JAGDEO PARSAILA, SON OF LATE MUNI LAL PARSAILA, RESIDENT OF VILLAGE PIPRAHI NAG, ANCHAL VASANTPUR, DISTRICT SUPAUL. ------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS, GOVERNMENT OF BIHAR, MAIN SECRETARIAT BUILDING, PATNA. 2. THE DIRECTOR, LAND ACQUISITION AND REHABILITATION, DEPARTMENT OF REVENUE AND LAND REFORMS, GOVERNMENT OF BIHAR, MAIN SECRETARIAT BUILDING, PATNA. 3. THE COMMISSIONER, KOSHI DIVISION, SAHARSA 4. THE COLLECTOR OF DISTRICT-CUM-DISTRICT MAGISTRATE-CUM-DISTRICT OFFICER, SUPAUL 5. THE DISTRICT LAND ACQUISITION OFFICER, SUPAUL, DISTRICT SUPAUL 6. THE CIRCLE OFFICER, VASANTPUR, DISTRICT SUPAUL 7. SHYAM LAL YADAV, SON OF LATE NAND KISHORE YADAV, RESIDENT OF AT + P.O. AND P.S. BIRPUR, DISTRICT SUPAUL. ------ RESPONDENTS ----------- 4 29.10.2010 The petitioner has filed this writ application making a prayer that in the Land Acquisition Proceeding initiated by issuance of a gazette notification dated 31.8.2006, his lands of Plot No. 1542/1650, appertaining to Khata No. 235, Mauza Birpur, Anchal Vasantpur, District Supaul measuring 0.48 Acres have been shown to be in the name of respondent no. 7. A counter affidavit has been filed on behalf of the State in which it has been stated that the Land Acquisition Proceeding had lapsed and after lapse of the proceeding, a fresh proceeding has been instituted in which the name of the 2 petitioner finds place against Plot No. 1542/1650. It has also been stated that any objections which may arise because of the entry of the name of one or the other party, would be considered by the Land Acquisition Officer under Section 9 of the Land Acquisition Act in due course of the proceeding. Respondent No. 7 has appeared in this case. According to him, his name had rightly been recorded against Plot No. 1542/1650 of Khata No. 235 in the previous valuation register. It is submitted on behalf of respondent no. 7 that he has filed objections. Considering all the facts, the Land Acquisition Officer will consider the objections of the respondent no. 7 after hearing the petitioner on the question as to who is the rightful owner/person in possession of the said plot number which is in dispute. This writ application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)