IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.691 of 2008 UMESH PRASAD GUPTA Versus THE STATE OF BIHAR & ORS ----------- For the appellant: Mr. S.S. Dvidi, Sr. Advocate Mr. R.S.Dvidi Mr. L.L. Pandey For the respondents : None --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 8th September, 2008 The appeal suffers from delay of 153 days and for condonation thereof, an application (IA. No.5400 of 2008) has been made. 2. Even if we condone the delay in filing he appeal, we find that the appeal does not deserve to be admitted. 3. Inter alia, the objection to the acquisition of the subject land is that as per the relevant guidelines, a B.S.F. Camp (out post) needs to be at least be 1 KM. away from the border whereas the subject land is at a distance of ½ Km from the border. 4. This aspect has been answered by the respondents in reply affidavit and it is stated that the subject land that has been acquired for B.S.F. outpost is situate at the outskirt of the village. 5. Except bald statement in the writ petition that 2 B.S.F.outpost needs to be at least 1 KM away from the border, nothing has been shown from the existing rules or the guidelines. More over, we find that upon completion of acquisition proceedings, the subject land has been handed over to the B.S.F on 30th November, 2006 and construction over the land has been made for establishment of border outpost. 6. Upon perusal of the available material, we also find that the requisite procedure for compulsory acquisition has been fully followed and adhered to. 7. Seen thus, the dismissal of the writ petition by the single judge cannot be faulted. 8. Letters patent appeal is dismissed in limine. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/