D. N. Patel, J. - (1.) This Letters Patent Appeal has been preferred by the Original petitioner who preferred W.P.(C) No. 4436 of 2013, which was dismissed by the learned Single Judge vide judgment and order dated 21st October, 1914 and hence, the original petitioner has preferred the present Letters Patent Appeal.
(2.) Having heard counsel appearing for both sides and looking to the contentions raised by the counsel for the appellant, it appears W.P.(C) No. 4436 of 2013 was preferred with following prayers: "1. That in the instant writ application, the petitioner prays for the following reliefs: (A) For an appropriate writ in the nature of mandamus commanding upon the respondents particularly respondent nos. 5 and 6 to send to this Hon'ble Court all the records immediately and forthwith appertaining to the acquisition of land for the purpose of construction of Railway line to and fro from Maithan Power Limited by acquisition of land for which notification had been issued on 18.02.2008, wherein khata no.41, plot nos. 354 and 660 measuring an area 82 decimals and 60 decimals respectively, which although not mentioned in the notification dated 18.2.2008, but have been sought to be acquired by the respondents without making any payment of compensation or without granting any benefit in kind to its original owner and also denying the permission to the petitioner to sell/mortgage/gift the said land according to his choice and thereafter to restrain the respondents from taking over the possession of the said land or from doing any construction over the said land on the ground that it is the exclusive property of the petitioner and his family members to have complete right, title and interest over the said land without there being any dispute from any quarter of the right, title and interest over the said land; And (B) Thereafter be further pleased to direct the respondents to acquire the same, if necessary, in accordance with law after making payment of full compensation in cash and kind for which the petitioner may be entitled, in view of the fact that long area of land of the raiyats have already been acquired for the purpose of laying down the Railway line for transportation of coal and other materials of the Maithan Power Limited; (C) For a further direction upon the respondents to restrain the authorities of the Maithan Power Limited from making any construction over the land without same being acquired and handed over to them by the respondents-State and its authorities. AND (D) For any other appropriate writ, order or direction that Your Lordships may deem fit and proper for doing conscionable justice to the petitioners in the facts and circumstances of the present case."
(3.) It further appears from the facts of the case that the property in question pertains to Plot No. 354- admeasuring 2.13. acres, out of which 82 decimals is involved in the writ petition. Another property pertains to Plot No. 660 admeasuring 33 decimals, out of which 16 decimals is involved in the writ petition. This land is situated at Khata No.41, village Pakhtoria, District Dhanbad.;