IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12220 of 2008 ----------- 1. Sri Satyanand Ojha son of Sri Lalan Ji Ojha, resident of Moh. Sri Krishna Vihar Colony, P.O. + P.S. – Beur, District – Patna 2. Sri Ram Lakhan Kumar Sinha, S/o Late Ganga Bishun Singh, Resident of Village – Hasanpura, P.O. + P.S. Beur, District – Patna ……………. Petitioners Versus 1. The State Of Bihar through Chief Secretary, Bihar, Patna 2. The Principal Home Secretary, Home (Police) Department, Govt. of Bihar, Patna 3. The Inspector General of Prison (Jail) Bihar, Patna 1to 3, Old Secretariat, Patna 15 4. The District Magistrate, Patna 5. The Senior Superintendent of Police, Patna 6. The Superintendent, Adarsh Kendriya Kara (Jail), Beur, Patna 7. The Officer Incharge (S.H.O.) Beur Police Station, District – Patna ………………. Respondents. ----------- For the Petitioner : Mr. D.K. Sinha, Senior Advocate, Mr. Pramod Kumar Singh No.1, Advocate For the Respondents : Mr. Vikas Kumar, J.C. to Advocate General ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 15th October, 2008. The government counsel submits that there is no question of blocking any public road or encroaching upon the subject land - 2 - without following the due process of law and acquiring the subject land being plot nos. 312, 313, 314, 315 and 316 near the Beur Central Jail. In this regard, he invited our attention to paragraphs 4, 7, 9 and 10 of the counter affidavit filed by respondent no. 4 which read thus: 4. That the prayer made in the writ petition is misconceived is fit to be rejected. The Superintendent of Central Jail Beur vide his letter no.398 dated 20.1.2008 filed requisition to acquire 7.425 acre of land surrounding the Beur Central Jail. 7. That in response thereto the Superintendent Central Jail Beur vide his letter no.5204 dated 13.8.2008 informed the answering respondent that for safety of the Central Jail Beur it is necessary to acquire 100 ft land in width surrounding the Central Jail because in south and western side of the Central Jail Beur, double and triple storied private building exist which is hardly 12ft away from the perimeter wall of the Central Jail which cause the contra bended narcotic drugs and moble phone are being throne from that building inside the campus of Central Jail, Besides this there is possibility and expectation that fire arms and explosive may be throne inside the Central Jail campus. 9. That the Superintendent of Beur Central Jail Patna vide letter no.4739 dated 24.7.2008 has filed fresh requisition to acquire plot no.312, 313, 314, 315, 316 on emergent basis majoring area 0.05 acre. 10. That it is relevant to mention here that in views of the letter of Superintendent Central Jail Beur dated 13.8.2008 it is necessity of the respondents to acquire the land in 100 ft width surrounding the Beur Central Jail Patna for the safety of the inmates because there are several rival group are incarceration also to avoid the occurrence/incident which had happened in Jehanabad Jail. 2. Since a specific statement has been made by the government counsel that after following the due process the subject - 3 - land shall be acquired, and that there will be no encroachment by the state authorities in respect of the subject land, no further order needs to be passed in this writ petition. 3. It is disposed of, accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. Anil/