IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14944 of 2008 THE BIHAR STATE HOUSING BOARD THROUGH ITS MANAGING DIRECTOR, 6 SARDAR PATEL MARG, P.S. SECRETARIAT, PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE & LAND RFORMS, GOVT. OF BIHAR, PATNA. 3. THE COLLECTOR, DARBHANGA. 4. THE ADDITIONAL COLLECTOR, DARBHANGA. 5. THE DISTRICT LAND ACQUISITION OFFICER, DARBHANGA. 6. CHANDRA KISHORE NARAYAN, SON OF LATE BABU SHEO NARAYAN, RESIDENT OF MOHALLA KHAJASARAI, P.O. AND P.S.LAHERIASARAI, DISTRICT DARBHANGA AT PRESENT RESIDING AT B/22 JAKANPUR, ASHIANA APARTMENT, CHIRA CHAS, P.O. BHAURA, P.S. CHAS, DISTRICT BOKARO-827013(JHARKHAND) 7. SHAILU @ ANANT SHEEL, SON OF CHANDRA KISHORE NARAYAN, RESIDENT OF MOHALLA KHAJASARAI, P.O. AND P.S.LAHERIASARAI, DISTRICT DARBHANGA AT PRESENT RESIDING AT B/22 JAKANPUR, ASHIANA APARTMENT, CHIRA CHAS, P.O. BHAURA, P.S. CHAS, DISTRICT BOKARO-827013(JHARKHAND) 8. MISS CHANDRAMAULI, DAUGHTER OF SRI CHANDRA KISHORE NARAYAN, RESIDENT OF MOHALLA KHAJASARAI, P.O. AND P.S.LAHERIASARAI, DISTRICT DARBHANGA AT PRESENT RESIDING AT B/22 JAKANPUR, ASHIANA APARTMENT, CHIRA CHAS, P.O. BHAURA, P.S. CHAS, DISTRICT BOKARO-827013(JHARKHAND)-----RESPONDENTS. For the Petitioner : Mr. Anil Kumar Sinha, Adv. For the State : Mr. Rabindra Kumar Priyadarshi, Adv. ----------- 03. 14.12.2009 Heard learned counsel for the petitioner Bihar State Housing Board, Patna(hereinafter referred to as “the Board”) and the State. None appears on behalf of private respondent Nos.6 to 8, although Vakalatnama has been filed on their behalf by Sri Pradeep Kumar Singh, Advocate. 2. Petitioner Board is aggrieved by the order dated 31.10.2006 passed by the Additional Collector, Darbhanga in land acquisition Case No.16 of 1976-77/25 of 1978-79, Annexure-7, whereunder the learned Additional Collector has directed for release of the lands in question in favour of private respondent nos.6 to 8. Counsel for the Board states that this Court under orders dated 4.9.1998 passed in C.W.J.C. No.1783 of 1984 and other analogous 2 matters, Annexure-3 had directed the Additional Collector, Darbhanga to consider the release of the lands in question in favour of the petitioner with the approval of the State Government in accordance with law. The lands in question were subject matter of the land acquisition proceeding and after its acquisition as per the award payments were made to the land holders and the land was transferred to the Board in the year 1987 but by the time of filing of the earlier writ applications the Board could not use the lands in question for the purpose for which land was acquired, which prompted the private respondent and others to file the aforesaid writ applications impleading the Board as respondent no.4 and to seek direction upon the State Government to release the lands in question. This Court having heard the State and the Board under orders dated 4.9.1998 directed the Additional Collector, Darbhanga to consider the release of the lands in question after seeking approval from the State Government. Counsel for the Board submits that the direction to release the lands in question is not in accordance with law as none of the provisions of the Land Acquisition Act enable the State to release the land after its acquisition and payment to the erstwhile raiyat in terms of the award. 3. In view of the submissions aforesaid the Board ought to have challenged the order dated 4.9.1998 but 3 having not challenged the said order it does not lie in their mouth to spouse such contention before this Court. This Court, however, having perused the Land Acquisition Act is of the opinion that having completed the acquisition proceeding the State does not have the jurisdiction to release the land, in any case, this Court under orders dated 4.9.1998 had directed the Additional Collector to consider the release of the land with the approval of the State Government but the Additional Collector proceeded to direct for release of the lands in question under the impugned order without taking any approval from the State Government, which fact is evident from the notice issued by the Collector, Darbhanga to the Additional Collector, Darbhanga under memo No.35 dated 16.1.2007, Annexure- 9. 4. Having heard counsel for the parties, I am of the view that the impugned order dated 31.10.2006, Annexure-7 has been passed contrary to the directions of this Court contained in order dated 4.9.1998, Annexure-3 as also in teeth of the provisions contained in the Land Acquisition Act and is, accordingly, set aside. Rajesh/ ( V. N. Sinha, J.)