STATE OF BIHAR Vs. SHASHI MOHANTHAKUR

JUDGEMENT

(1.) THE Letters Patent Appeal and the writ petition are connected matters and as such they have been heard together and are being disposed of the this common order.

(2.) THE appellants of the appeal and petitioners of C.W.J.C. No. 13733/2001 are to be referred to as the appellants and respondent No. 1 in the appeal as well as in the writ petition is to be referred to as writ petitioner-respondent hereinafter for the sake of convenience.

(3.) THE writ petitioner-respondent on 26-11-1993 filed a petition before the Collector, Bhagalpur, which was registered as Misc. Case No. 58/93-94, wherein he made a prayer that his land, which was acquired for the purpose of construction of the building of the Medical College, has not been utilised and as such the possession of the said land may be given to him on refund of the compensation amount, which was paid to his father. THE Collector called for a report from the various authorities but did not come to a final conclusion. THEreafter, the writ petitioner-respondent filed a writ application being C.W. J.C. No. 3488 of 1999 in this Court and the same was disposed of on 1-3-2000, a copy of which was annexed as Annexure-5 therefore. THE learned Single Judge, after hearing the parties, directed the Collector to consider the matter and taken a final decision by a speaking order in the light of the policy decision of the State Government. THEreafter, the Collector considered the matter and by order dated 6-7-2000 directed the Health Department to return the land to the Revenue Department, who, in its turn, was directed to proceed with the matter in terms of the policy decision dated 12-1-1979. However, it appears that when no action was taken by the Health Department in pursuance of the said order of the Collector, the writ petitioner-respondent filed a writ application being C.W. J.C. No. 7293 of 2001, which has been disposed of by the learned Single Judge by order dated 24-7-2001, as stated above. While disposing of the said writ application, the learned Single Judge observed in the order that the order dated 6-7-2000 of the Collector has not been challenged by the State and as such the State cannot be allowed now to say that the said order is bad in law and, thereafter, the State has filed a writ application being C.W.J.C. No. 13733 of 2001 challenging the aforesaid order of the Collector.