IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15185 of 2007 Smt. Uma Singh, wife of Shri Bhola Kumar Singh, resident of Shashtrinagar Siwan, P.O. and P.S. Siwan Town, District Siwan..............................Petitioner Versus 1. The State Of Bihar 2. The Collector, Siwan, District Siwan 3. Chairman, Nagar Parishad Siwan, District Siwan 4. Executive Officer, Nagar Parishad Siwan, P.S. + District Siwan 5. Sanjay Kumar, son of Munga Lal Prasad 6. Mrs. Ranjana Shrivastava, wife of Sanjay Kumar, both are resident of Mohalla Shastrinagar, Siwan P.O. + P.S. + District Siwan 7. Councillor, Ard No.13, Nagar Parishad Siwan, District Siwan 8. Birendra Tiwary, son of Rajendra Twiary 9. Ajay Kumar Choudhary, son of Kapildeo Prasad, All residents of Mohalla-Shastrinagar Siwan, P.O. and P.S. Siwan, District Siwan 10. Sanjay Kr. Sinha, son of Bageshwar Pd. 11. Manoj Kr. Mishra, son of Ramashraya Mishra 12. Dhirendra Tiwari, son of Rajendra Tiwari 13. Birendra Kumar, son of Shiv Narayan Gupta, all residents of Mohall Shastrinagar Siwan, P.O. and District Siwan...........Respondents ---------- 13 06.07.2010 Heard learned senior counsel for the petitioner and learned counsel for the respondents. After the amendment of the writ petition was allowed by a Bench of this Court by order dated 12.04.2010, prayer of the petitioner is principally confined to challenge of resolutions of Siwan Nagar Parishad dated 5.9.2007, 24.12.2007 and - 2 - 27.8.2008 which are Annexures A/1 and B to the counter affidavit and Annexure-17, respectively. Learned senior counsel for the petitioner submits that in spite of claim of title of the petitioner to Plot no. 1648 corresponding to Holding no.351 of Khata No.2105, Ward No.13 of Siwan Town, Nagar Parishad, Siwan has resolved to develop a park on the plot in question. He submits that since the plot was her self-acquired property, respondents were not legally empowered to resolve as such without acquisition of the plot in a proceeding under the Land Acquisition Act and in accordance with law. Learned counsel for the Nagar Parishad submits that in fact, Nagar Parishad has only resolved to develop a park on the land in question as the same was vacant and in a densely populated area. For this, Nagar Parishad has requested the Collector, Siwan for taking steps for acquisition of land as per law. Learned counsel appearing for the Nagar Parishad has produced a letter dated - 3 - 23.10.2007 addressed to the Collector, Siwan in this regard. He has also produced a letter dated 30.11.2007 issued by the District Land Acquisition Officer to the Executive Officer of Nagar Parishad requesting him to submit a formal requisition for initiation of a land acquisition proceeding in respect of the said plot. He submits that earlier two resolutions of the Nagar Parishad were vague and specific plot number was not mentioned therein. Therefore, by the said third resolution dated 27.8.2008, earlier resolutions were modified only to the extent that details of plot was mentioned. He submits that Nagar Parishad does not intend to take steps to develop park on the plot without proper acquisition of the land for the purpose by the authorities in accordance with law. Learned senior counsel for the petitioner submits that the authorities are at liberty to initiate a proceeding for acquisition of land in accordance with law in which, if noticed, petitioner will take her stand. However, so far as three resolutions are concerned, in view of the stand of the - 4 - learned counsel for the Nagar Parishad, he says that he has no further grievance against Nagar Parishad. In view of the stand of the learned counsel for the Nagar Parishad, there is no lis to be decided in this case. The writ application is disposed of as infructuous. B.T (J. N. Singh, J.)