Most. Jhunni Devi @ Renu Devi v. Asha Devi
Case at a glance
Outcome
Allowed
Consequently, the application is allowed by the following order:
Provisions considered
- Land Acquisition Act s. 30
Judgment
(arising out of Land Acquisition Case No. 15 of 2008-09) pending in the Court of learned Special (Land Acquisition) Judge-III, Patna to the Court of learned Special (Land Acquisition) Judge-IV, Patna. Learned counsel submits two analogous acquisition cases vide L.A. Case No. 1 of 2011 and L.A. Case No. 2 of 2011 are already pending for trial in the Court of learned Special (Land Acquisition) Judge-IV and, as such, in the interest Patna High Court MJC No.5827 of 2012 (3) dt.04-03-2013 2 of justice and for expeditious disposal of the matter, the present proceeding pending in the Court of learned Special (Land Acquisition) Judge-III, Patna be also transferred to the Court of learned Special (Land Acquisition) Judge-IV, Patna. He also submits that there is already a direction issued in the connected land acquisition cases pending before the learned Special (Land Acquisition) Judge-IV for expeditious disposal thereof.
He submits that transfer of this matter to the Court of learned Special (Land Acquisition) Judge-IV will expedite the disposal of all the matters. In the light of facts of the case, counsel for O.P. No. 2 has not controverted the said stand of the petitioner. From the materials on record, it appears that three land acquisition cases referred under Section 30 of the Land Acquisition Act are pending but in two different courts Land Acquisition Case No. 1 of 2011 [ Meena Devi versus Most. Jhunni Devi and Others] and L.A. Case No. 2 of 2011 [Rakesh Kumar versus Most. Jhunni Devi and Others] are pending in the Court of learned Special (Land Acquisition) Judge-IV, Patna. The L.A. Case No. 2 of 2012 [ Asha Devi versus Most Jhunni Devi] is, however, pending disposal in the Court of learned Special (Land Acquisition) Judge-III, Patna. In the fitness of things, for Patna High Court MJC No.5827 of 2012 (3) dt.04-03-2013 3 expeditious disposal of the matter and in view of the stand taken by the parties, this Court is persuaded to allow this application.
Operative part
Consequently, the application is allowed by the following order: The records of L.A. Case No. 2 of 2012 (arising out of Land Acquisition No. 15 of 2008-09) is withdrawn from the file of learned Special (Land Acquisition) Judge-III, Patna and is transferred to the file of learned Special (Land Acquisition) Judge- IV, Patna. The record shall be transferred to the said Court within 10 days from the date of receipt/production of a certified copy of the present order. The matter shall thereafter be considered for expeditious disposal thereof by learned Special (Land Acquisition) Judge-IV, Patna. Pankaj/- (Kishore Kumar Mandal, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Consequently, the application is allowed by the following order:
Which statutory provisions did this judgment involve?
Land Acquisition Act — s. 30.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.