B.K.Roy and R.N.Prasad JJ.

1. The petitioner through this writ application filed on 20-10-1992, prays to command the respondents, particularly respondent No. 8, the Sub-divisional Officer, Flood Protection Sub-division, Bihta at Maner, district Patna to immediately vacate his lands measuring 2.82 acres of plot Nos. 156. 263 and 264 appertaining to khata no. 184 in Village Bihta in the district of Patna.

2. From the bulky records of this writ application it transpires that during emergency the land aforementioned as occupied by the Advance Planning and Investigation Division for the temporary use of Sone Embankment Division which was sought to be acquired temporarily under Sec. 35 of the Land Aqcuisition Act, which is clear from a letter of the Special Land Acquisition Officer, Rajbanshi Nagar, Patna bearing No. 802 dated 26-8-76 (as contained in Annexure-B to the counter affidavit), that the acquisition proceedings, however, could not be initiated ; that annual rent of the land was also fixed by the Sub-divisional Officer, Danapur at the rate of Rs. 400 per month ; that subsequently a regular land acquision proceeding was initiated under the provisions of the Land Acquisiti