IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8548 of 2008 SMT.KAUSHILYA DEVI Versus THE UNION OF INDIA & ORS. With CWJC No.9009 of 2008 RAJ BALLABH SINGH Versus THE UNION OF INDIA & ORS. With CWJC No.9026 of 2008 BECHAN SINGH Versus THE UNION OF INDIA & ORS. With CWJC No.9071 of 2008 JAGAT PRASAD SINGH & ORS. Versus THE UNION OF INDIA & ORS. **** /4/ 14.05.2009 Heard the counsel for the petitioners and the respondents. 2. Prayer of the petitioners in all these writ applications is for a direction to make payment of compensation amount for the lands acquired by the railway through the Collector, Patna. The land was acquired in the year 1990 for development of freight terminal facility at Fatuha and money was deposited with the Collector, Patna, for payment of compensation of the acquired land. Subsequently, the compensation amount was enhanced by the 2 Special Land Acquisition Judge, III, Patna. Against the judgment and order passed by the Special Land Acquisition Judge, the Collector, Patna, has filed First Appeal in 192 land acquisition cases in the High Court, Patna. All First Appeal are pending. Out of 192 First Appeals, stay petition was filed by the railway in six appeals after it intervened in the mater and impleaded as party. The application for stay of execution proceeding filed by the railway were disposed off by order, dated, 25.07.2005, whereby ten per cent of the enhanced compensation was stayed. In that case railway was directed to deposit only 90 per cent of the enhanced compensation amount. The land owner was allowed to withdraw 40 per cent of it without depositing security and rest 60 per cent after depositing adequate security to the Court. As informed by the counsel appearing for the Union of India (railway) stay petition filed in other Appeals are pending for consideration. 3. Considering this fact that the stay matter is pending before the appropriate forum, i.e., the appellate Court, the writ Court can not exercise jurisdiction the directing the railway for making payment. However, the petitioners as well as railway may approach the appellate 3 forum and make a joint prayer for disposal of all stay petitions on similar terms and conditions as it has been done in other six appeals. 4. All these writ applications are disposed off. Cp:2/S.A. ( Mridula Mishra, J. )