Birmani Bir Pratap And Anr vs State Of Bihar And Ors

Heard learned counsel appearing for appellants, learned counsel appearing for Magadh University as well as learned counsel appearing for State.

The appellants are aggrieved by the order dated 29-10-2018 passed by learned Single Judge in C.W.J.C. No. 19759 of 2013, by which and whereunder, the learned Single Judge disposed of the aforesaid writ petition directing the concerned University to determine the amount payable to the petitioners (appellants herein) for acquisition of their lands i.e. 3.5 decimal land for use of Daudnagar College.

The appellants preferred above-stated writ petition i.e. C.W.J.C. No. 19759 of 2013 and sought relief for issuance of writ of mandamus or any other writ directing the respondent/college to appoint the appellants on 4th grade posts in lieu of their lands, being acquired by the Daudnagar College, Daudnagar or to pay appropriate compensation for acquisition of their lands.

The claim of the appellants before the writ court was that 7.5 decimal land of the appellants was taken by Daudnagar College, but out of the aforesaid 7.5 decimal, the above-stated college acquired only 3.5 decimal land. Furthermore, the case of the appellants before the writ court was that 4 decimal land was also given to above-stated college, but the said college did not take any step for acquisition of aforesaid 4 decimal land and without any authority took possession of that 4 decimal land.

Learned Single Judge, passing impugned order dated 29-10-2018, directed the concerned University to determine the amount payable to the appellants due to acquisition of 3.5 decimal land, but so far as 4 decimal land is concerned, the learned Single Judge did not give any finding.

However, it would appear from perusal of the pleadings of writ petition as well as submissions of the parties that admittedly, no acquisition proceeding was initiated in respect of 4 decimal land and the appellants admitted that they had gifted the aforesaid 4 decimal land orally to Daudnagar College and subsequently, Daudnagar College came in possession of the aforesaid 4 decimal land and still in possession of the said land. Therefore, it appears that it is a disputed question of fact as to whether Daudnagar College came legally in possession of aforesaid 4 decimal land and the aforesaid disputed question of fact cannot be decided by the writ court. Therefore, we do not find any illegality or impropriety into the findings given by the learned Single Judge.

Accordingly, this Letters Patent Appeal stands dismissed on admission stage itself.

However, the appellants shall be at liberty to approach the competent court for redressal of their grievance in respect of 4 decimal land.