The main issue involved in this writ petition is, “whether the petitioners can seek a direction for release of the land which was acquired under the Land Acquisition Act, 1894 ?”

2. Seeking a direction upon the respondent nos. 2 and 3 to take proper step to complete the process of release of land in favour of the petitioners and for directing the respondent no. 6 to immediately return the original sale deed no. 2937/2932 dated 18.06.2007 and a direction to the respondents not to create third party right or transfer the land to a third party or to alter the records of right, the present writ petition has been filed.

3. The facts disclosed in the writ petition are that, the petitioner no. 1 is wife of one late Kanti Mahanti Kumar Swami and the petitioner no. 2 is the subsequent purchaser who purchased the land in question from petitioner no. 1 on 18.06.2007. On 03.10.2005, the petitioner no. 1 applied for release of land and the said application was duly processed. The Chief Engineer, Swarnrekha Multipurpose Porject, Jamshedpur vide letter dated 13.09.2007 informed the Joint Secretary (Engineering), Water Resource Department that the land in question is no longer required for the Swarnrekha Multipurpose Project, Jamshedpur and the Under Secretary, Water Resource Department, Government of Jharkhand vide letter dated 19.02.2008 directed the Chief Engineer to provide documents and other necessary papers. Thereafter, the Special Land Acquisition Officer, Swarnrekha Project wrote letter dated 20.04.2010 to Deputy Secretary, Water Resource Department stating that with respect to certain land, land owners have not received compensation and the amount of compensation has been deposited in the Treasury on 07.08.1985. With respect to the land in question it is stated that mutation has not taken place. In these facts, the petitioners claimed that the land belonging to petitioner no. 1 which was allegedly acquired for Swarnrekha Multipurpose Project, Jamshedpur was neither required for the said project nor required by any other department of the State Government and therefore, a direction may be issued to the respondent-State of Jharkhand to complete the process of release of land in question.

4. A counter-affidavit has been filed on behalf of respondent nos. 2, 4 and 5 stating that requisition was made vide letter No. 947 dated 27.12.1979 by the Executive Engineer for the purpose of construction of office building, godown and residential colony. After the possession of the land was taken, the Government constructed building and the premises was covered by erecting boundary wall which is standing at present. However, correction in the record of rights could not be carried out. It is stated that the aforesaid land was acquired for the project in accordance with land acquisition proceeding and no claim petition was submitted by the petitioner in the year, 2005.

5. Heard the learned counsel appearing for the parties.

6. The learned Senior counsel appearing for the petitioners referring to the letters dated 13.09.2007, 02.07.2008, 20.04.2010 and 23.06.2014 contended that the State Government on the application dated 03.10.2005 of the petitioner no. 1 processed the matter in terms of Rule 154 of Chapter XV of the Executive Instructions and the authorities gave a positive recommendation for release of land in favour of the petitioners therefore, a direction may be issued to the respondent-State of Jharkhand to complete the process of release of land in favour of the petitioners. It is submitted that though the process and validity of the acquisition has not been challenged by the petitioners in the present proceeding as those are the matters under challenge in another writ petition being W.P. (C) No. 5204 of 2014, the petitioners have confined their prayer only to seek a direction upon the respondent-State of Jharkhand to complete the process of release of land. It is further submitted that with respect to other prayers, the allegations have