The present intra Court appeal has been preferred against the order dated 18.12.2023, passed in CWJC No.16871 of 2021, wherein the learned Single Judge has made the following observations in paragraphs 4 & 5:-

2. Learned counsel for the appellants submits that the compensation for the land in question has not been paid to the appellants nor the possession of the land in question has been Patna High Court L.P.A No.80 of 2024(10) dt.20-01-2026 4/6 taken by the concerned authorities. Learned counsel for the appellants further submits that any acquisition of land being done at this stage would require initiation of a fresh land acquisition proceeding by the respondent authorities.

3. In support of his claim, the learned counsel has relied upon Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which is reproduced as under:

section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 , where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed Patna High Court L.P.A No.80 of 2024(10) dt.20-01-2026 5/6 and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:

4. Though, the aforesaid grounds have been taken in the present intra court appeal, on perusal of records and the impugned order, it is evident that such submissions were never advanced before the learned Single Judge.

5. It is a settled principle of law that no additional facts or the facts beyond the records of the writ Court can be taken in the intra Court appeal. The scope of a Letters Patent Appeal is very limited and it cannot be greater than the original Writ Petition. The Appellate Court, while exercising intra Court appellate jurisdiction, cannot go beyond the pleadings, issues and materials which were placed before the learned Writ Court. At this juncture, it is pertinent to take note of the judgment passed by Hon'ble Supreme Court in Netai Bag & Ors. v. State Patna High Court L.P.A No.80 of 2024(10) dt.20-01-2026 6/6 of W.B. & Ors., reported in (2000) 8 SCC 262, wherein it was observed as under:

6. Considering the aforesaid facts and the discussions made herein, we find no reason to interfere with the order of the learned Single Judge.

7. Accordingly, the present appeal stands disposed of with the liberty that the appellants may file a review application before the learned Single Judge, if so advised.

8. Pending application(s), if any, shall also stand disposed of.

(Sudhir Singh, J.) (Ritesh Kumar, J.) Gaurav Kumar/-