THE STATE OF BIHAR Vs. RAMNANDAN SINGH AND ANOTHER ( PATENT APPEAL NO. 1453 OF 2014 IN CIVIL WRIT JURISDICTION CASE NO. 19747 OF 2013)

JUDGEMENT

(1.) Heard counsel for the State, counsel for the private respondents as well as for the Union of India.

(2.) All these appeals arise out of a common order dated 31.03.2014 passed by the learned single Judge who clubbed four writ applications together because the issue related to non-payment of compensation for acquisition of their land under emergency provisions for setting up of an Ordinance Factory at Rajgir in the district of Nalanda.

(3.) The learned single Judge took note of the fact that only on the basis of a suspected creation of Jamabandi, a 4(h) proceeding under Bihar Land Reforms Act, 1950, was initiated and that proceeding remained pending for more than 12 years without reaching any conclusion. The learned single Judge also took note of the fact that the report submitted in the 4(h) proceeding was in favour of the private respondents. Not only this the learned single Judge took note of the provisions of Section 4(h) and how and under what circumstances such power could be exercised keeping in mind a large number of decisions on such subject. This Court is tempted to quote the words used by the learned single Judge on this issue, which is reflected in paragraph 4 till paragraph 10, which reads as under :