IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.404 of 2010 1. VISHWANATH PRASAD SINGH S/O LATE BRAHMDEO NARAIN SINGH 2. ACHAL KUMAR S/O LATE ARUN KUMAR SINGH 3. PREM KUMAR SINGH S/O LATE RAM LAKHAN SINGH 4. ANIL KUMAR SINGH S/O LATE RAM LAKHAN SINGH 5. SHIVAM KUMAR SINGH S/O LATE SUNIL KUMAR SINGH 6. CHANDRA BHUSHAN PRASAD SINGH S/O LATE RAMDEO PD. SINGH 7. MADAN MOHAN SINGH S/O LATE KAPILDEO PD. SINGH 8. BIRESHWAR PD. SINGH S/O LATE SAHDEO PRASAD SINGH (ALL RESIDENTS OF VILL.- SADANANDPUR, P.S.- BALIA, DISTT.- BEGUSARAI) Versus 1. THE STATE OF BIHAR 2. SRI ABHAY KUMAR SINGH, THE DISTRICT MAGISTRATE, KHAGARIA 3. SRI RAJENDRA PRASAD, SUB-DIVISIONAL OFFICER, KHAGARIA 4. SUBHASH CHANDRA MANDAL, THE EXECUTIVE MAGISTRATE, KHAGARIA 5. Sudhanshu KUMAR,THE SUPERINTENDENT OF POLICE, KHAGARIA 6. MANOJ KUMAR SINGH, OFFICER-IN-CHARGE, KHAGARIA POLICE STATION, DISTT.- KHAGARIA …Opp.Party 1st set 7. SURENDRA PASWAN S/O DHAULI PASWAN 8. DHAULI PASWAN S/O MUNAR PASWAN 9. BABU SAHEB S/O RAM CHANDRA PASWAN 10. MEHI PASWAN S/O CHANCHAL PASWAN 11. SURYA PASWAN S/O DHAULI PASWAN 12. DINESH PASWAN S/O DHURILAL PASWAN 13. NARESH PASWAN S/O DURILAL PASWAN 14. GANGA PASWAN S/O BHOLA PASWAN 15. RAM RATAN PASWAN S/O JANGALI PASWAN 16. UMA PASWAN S/O PARMESHWAR PASWAN (ALL ARE RESIDENT OF LABHGAON, P.S. & DISTT.- KHAGARIA) … Opp.Party 2nd set 17. PREM KUMAR SINGH 18. ANIL KUMAR SINGH (BOTH SONS OF LATE RAM LAKHAN PRASAD SINGH R/O VILL.- SADANANDPUR, P.S.- BALIA, DISTT.- BEGUSARAI) … Opp.Party 3rd set ----------- 3. 18.8.2010 Heard Mr. Ashok Kumar Choudhary, learned counsel for the petitioners and Mr. K.P.Gupta, learned counsel for the opposite parties. 2 Pursuant to the earlier order dated 14.7.2010 O.P.Nos. 2 to 6 have appeared in person and have also filed a show cause reply, wherein it has been sought to be explained that ultimately the Collector of the District under the approval of the Commissioner and the State Government has been able to get the sanction of the proposal of land acquisition from the State Government for which necessary funds also have been released by the State Government as would be evidenced from the order of allotment to the tune of Rs. 2,97,93,958/- for acquiring 21.24 acres for settlement of 700 homeless families. Though such compliance is definitely belated but then taking into account that the Collector of his own could not have taken a decision in this regard and ultimately such a decision has been taken by the competent authority for acquiring the land of the petitioners, no useful purpose will be served by keeping this contempt application pending. That being so, while this contempt application is being disposed of recording 3 the assurance of Mr. Abhay Kumar Singh, the Collector of the District, who is personally present in this Court, that the land acquisition proceeding shall be completed within a period of 280 days from today. It would be the duty of the present Collector irrespective of the fact that even after his transfer from Khagaria, if any, to get a compliance report filed to the Registrar General of this Court with regard to completion of the land acquisition proceeding in the aforementioned period of 280 days. Happen the Collector of the District would not file such a report immediately on expiry of a period of 280 days, this Court would be compelled to initiate a suo moto contempt proceeding against the Collector of the District. It is also made clear that whatever due and/or claim of the petitioners would emerge in the land acquisition proceeding the same would be settled within the aforesaid period of 280 days itself. Subject to the aforementioned observation and direction, this application is disposed of. 4 The personal appearance of O.P.Nos. 2 to 6 is also dispensed with. Let a copy of this order be given to Mr. Kameshwar Prasad Gupta, learned counsel for the State. (Mihir Kumar Jha,J.) Surendra/