PATNA, India, Feb. 28 -- Patna High Court issued the following judgment on Jan. 29:

1. The Letters Patent Appeal has been filed by the appellant Sushil Kumar challenging the order dated 04.02.2025 passed by the learned Single Judge in C.W.J.C. No. 12858 of 2023.

2. The writ petition was filed by the appellant with following prayer :-

"(i) For issuance of appropriate writ(s) thereby commanding upon the Respondents concerned to deliver the possession of 16 and half (10% + 6 1/4) decimal of land of Khata no. 223, Plot no.- 690 at Mouza- Makhdumpur Unta, Distt.- Jehanabad to the petitioner which are still parti land outside the boundary wall of Govt. Girls Middle School, Jehanabad for which 1.60 Acres of land had been acquired by the State Govt. vide L.A. Case no. 15/ 1966-67 but said 16 and half decimal of petitioner's land is lying parti and falls outside the boundary wall of the school without any utilization and without payment of any compensation to the petitioner.

(ii) For further directing the Respondents to pay the Petitioner the compensation at the new rate for rest 5 and half decimal of petitioner's land of Khata no. 223, Plot no. 690 at Mouza-Makhdumpur Unta, Distt.- Jehanabad on which PCC Road is built without any compensation paid to the petitioner while acquiring the said piece of land in L.A. Case no.- 15/1966-67.

(iii) For alternatively directing the Respondents to deliver the possession of Vivah Bhawan built on 3 decimal in north of land outside the boundary wall of the school of Khata no.-223, Plot no.-690 at Mouza- Makhdumpur Unta, Distt.- Jehanabad in lieu of 5 and half decimal of Petitioner's land upon which PCC Road has been constructed without any payment of compensation to the Petitioner in LA. Case no.- 15/1966-67. (iv) For grant of any other relief (s) which the Petitioner may be entitled to in the facts and circumstances of the case."

3. The learned Single Judge after hearing the preliminary objection raised by the learned counsel for the State has been pleased to hold as follows:-

"2. The learned counsel appearing on behalf of the State, at the outset, submits that the writ application be dismissed on the grounds of delay and laches. It is further submitted that petitioner is not the land owner rather had purchased the land from one Md. Fakhruddin in the year 1958. It is further submitted that the land in dispute was acquired vide L.A. Case No. 15 of 1966-67 and since then the petitioner never raised any objection, but all of a sudden in the year 2008 started raising objection. It is further submitted that for the same dispute, one Jafar Imam has filed C.W.J.C. No. 8210 of 2015 and the same is pending adjudication, on the ground that the land in dispute was gifted to him by Md. Fakhruddin.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MyMyMTcjMjAyNSMxI04=-bC8q9u--ak1--vqeQ=)

Disclaimer: Curated by HT Syndication.