. A few raiyats did not come to receive the award amount despite notice. Such amount was deposited in the Govt. 9 Treasury (R.D.). Thus, the said land acquisition proceeding attained finality and thereafter physical possession of the land was handed over to the concerned Executive Engineer of the Department on 30.04.1974. The concerned Circle Officer was requested to make the acquired land free from rent in accordance with the rules.

7. It is further submitted that similar claim of one Kripa Shankar Prasad Thakur and Gonu Prasad has already been rejected by this Hon'ble Court, vide order dated 25.03.2014 passed in CWJC no. 77/2014 and order dated 06.09.2018 passed in CWJC no. 4075/2017 respectively. Lastly, it is submitted that after discussing different judgments of the Hon'ble Supreme Court on the issue, a coordinate Bench of this Court has been pleased to hold in an identical case, i.e. the case of Chandreshwar Prasad Thakur and others vs. the State of Bihar and others (CWJC No. 10637/2021) that in view of the finding of the Constitution Bench judgment of the Hon'ble Apex Court in the case of Indore Development Authority and Santosh Sharma, there is no question for any right to be available to the petitioners.

Patna High Court CWJC No.13459 of 2021 dt.19-12-2023 7/7

8. Having gone through the record and rival submissions of the parties, it is not in dispute that the land in question was acquired in the year 1974 and compensation was duly paid, but merely on the ground that petitioners are in possession of the land in question, the construction of canal, which is of public and national importance, cannot be stopped by this Hon'ble Court on frivolous grounds in the eye of law.

9. Taking into consideration the entire facts, this Court is of the opinion that it is not proper on the part of the petitioners to challenge the acquisition proceeding or claim possession on the ground of adverse possession. Transfer of lands were taken from them in 1974 and after lapse of 50 years of acquisition, creating hurdles in an important project, which is of public importance, are not fit and proper.

10. Accordingly, this writ application is dismissed.