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1999 Supreme(Pat) 501

HIGH COURT OF PATNA
AFTAB ALAM, J.
Krishna Kumar Yadav ors. (in CWJC No. 2586/96)
Rameshwri Devi (In CWJC No. 2104 of 1996)
Kanhai Rai & others (In CWJC No. 1443 of 1996) - Petitioners
Vs.
State of Bihar & ors. – Respondents (In all the cases)
CWJC Nos. 2586, 2104 & 1443 of 1996
Decided on : 25.6.1999

Advocates appeared:
For the Petitioners:Basudeo Prasad, Sr. Advocate & Anil Kumar in all the three cases.
For the State : G.P. Roy, A.A.G. III in all the cases.
For the Society : J.P. Karn in all the cases.
For the P.R.D.A.: Manu Shankar Mishra in all the cases.

Headnote:Land Acquisition Act, 1894 - Section 48 - There can be no release from acquisition by inadvertence or by an action resulting from mistake or through oversight - After possession is taken, land cannot be released under section 48 of the Act. (Paras 28 & 29)

       AIR 1966 SC 122, AIR 1974 SC 1886, AIR 1966 SC 1593, 1978 BBCJ 226-Dist.

       AIR 1995 SC 122-Ref.

       Land Acquisition Act, 1894-Section 48-Eviction from land-Disputed land purchased by petitioners in auction sale, are in possession of them for the last 18 years, a member of them constructed houses after making huge investment-These lands were already acquired by PRDA and Co-operative Society-It would be highly unjust and unfair to declare the sales as being void-Court restrained PRDA and concerned Co-operative Society from forcibly evicting petitioners from their respective pieces of land. (Para 31)

       

ORDER

1. These three writ petitions seek the same relief (s) and arise from the same set of facts and circumstances. These were, therefore, heard together and are being disposed of by this common order.

2. An anomalous situation has arisen due to the mistake committed by the respondent authorities. In a certificate proceeding held for the recovery of the dues of estate duty against the estate of a private individual, the respondent authorities got certain plots of land auction sold under the notion that those plots were part of the estate of the deceased. But they seem to have over-looked that those plots being part of a much larger area had vested in the State in a land acquisition proceeding. Their action has thus put the interests of the petitioners, who purchased these plots by auction in sales made through court, in sharp conflict with those of the parties for whose benefit the lands were taken in acquisition.

3. In the year, 1961, the State proceeded to acquire a large area of land (57.71 acres) under the emergency provisions of the Land Acquisition Act. The acquisition was being made partly in favour of the Patna Improvement Trust (now Patna Regional Development Authority, respondent no.3 in CWJC No. 2586 of 1996) and partly in favour of a housing co-operative society under the name of Budha Sahkari Grih Nirman Samiti (respondent no.4 in CWJC No. 2586/1996). While the acquisition proceeded haltingly, passing through litigations in this court and the Supreme Court, a completely unrelated development crossed the course of the acquisition proceeding. On 1.11.1969 a certificate proceeding was initiated against the widowed wife of one Dwarika Mahto (deceased) for the realisation of Rs. 13,09,327/- as dues of estate duty against the estate of the deceased. In that proceeding, at the instance of the respondent authorities certain plots of land, which were part of the larger area being the subject matter of the acquisition proceeding and which had already vested in the State were auction sold apparently in the belief that those plots were part of the estate of the deceased Dwarika Mahto. The petitioners in these three cases purchased those plots in sales made in the certificate proceeding and later confirmed by the Certificate Officer. At that time no one, including the petitioners, seem to have realised that those plots being part of the larger area having vested in the State were no longer open for sale as being part of the estate of an individual person. It may further be noted here that the sale of the plots in question in the certificate proceeding was also affirmed by this Court and the Supreme Court when a writ petition and an appeal filed by one of the heirs of Dwarika Mahto seeking to challenge auction sale were rejected by this court and the Supreme Court respectively.

4. Much later, obstructions in the way of the land acquisition proceeding were finally cleared by the Supreme Court by its judgment and order dated 31.8.1995 passed in Civil Appeal No. 7803/1995 with Civil Appeal Nos. 7820-21/1995 (reported in A.I. R. 1996 S.C.122). In pursuance of the directions given by the Supreme Court in that judgment the Collector, Patna (respondent no.3 in C.W.J.C No. 2586/1996) issued a general notice on 20.12.1995 in a daily Hindi newspaper 'Aaj' asking the owners of the plots of land mentioned in that notice to come and receive the award money in terms of the decision in land acquisition Case No. 63/1961-62 for the lands acquired for the P.R.D.A. and the Budha Sahkari Grih Nirman Samiti. The plots of land purchased by the petitioners in these three cases were also mentioned in the notice issued by the Collector and according to the petitioners it was through the notice that they came to learn for the first time that the plots of land purchased by them in court sales were the subject matter of any land acquisition proceeding. The petitioners then filed these writ petitions before this court praying for the quashing of the general



















































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