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Patna High CourtCWJC/864/2026disposed

Alok Kumar v. The State Of Bihar

2026-04-20Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.864 of 2026 ====================================================== 1.

Alok Kumar Son of Late Bharat Kumar Sinha, resident of village- Morsand, Ward No. 10, P.S.- Mursand, District- Sitamarhi. 2.

Ram Pukari Sinha, Wife of Late Bharat Kumar Sinha, resident of villageMorsand, Ward No. 10, P.S.- Mursand, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Sitamarhi. 2.

The National Highway Authority of India through its Chairperson, Corporate Office G-5 and 6, Sector- 10, Dwarka, New Delhi- 110075. 3.

The Project Director, National Highway Authority of India, Project Implementation Unit, Pawapuri Vihar 2nd Floor, Bhagwanpur, Muzaffarpur. 4.

The National Highway Authority In-Charge at Sitamarhi, Bihar. 5.

The District Land Acquisition officer, Sitamarhi. 6.

The Sub-Divisional Officer, Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Mohan, Advocate For the Respondent/s :

Mr. Standing Counsel (22) Mr. Sriram Krishna, Advocate Mr. Prabhat Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-04-2026 Heard the parties.

2. The present petition has been preferred for the following relief(s):

"for issuance of a writ in the nature of writ of certiorari to set aside the notices vide memo no. 1407 dated 22.12.2025 issued by the National Higway Authority under Rule 11 to the petitioners to remove their unauthorized occupancy within 15

Patna High Court CWJC No.864 of 2026(3) dt.20-04-2026 2/3 days from the receipt of notices as well as Awards dated 24.07.2023 (Annexure-P/2 & P/3) and further to direct the respondents to make payment of adequate and sufficient compensation against the land of the petitioners situated in (i) MaujaMorsand, Khata No. 123, Khesra No. 10222, Area admeasuring 111⁄2 decimal, (ii) Mauja- Morsand, Khata No. 123, Khesra No. 10221, 10223, 10788, Area admeasuring 13% decimal, 9% decimal and 1 decimal respectively and (iii) Mauja- Morsand, Khata No. 2502, Khesra No. 06887, Area admeasuring 6% decimal, situated in the district of Sitamarhi, which has been situated near N.H. 77 and the respondents have taken for for widening Project and making bye pass of National Highway No. 77, as per the commercial market rate prevailing as on the day of final payment of compensation in view of Memo No.15/DLA/Niti (Rehabilitation)/07-06-747 dated 13.05.2008 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and further for any relief/reliefs,

Patna High Court CWJC No.864 of 2026(3) dt.20-04-2026 3/3 order/orders in the facts and circumstances of the case, the petitioners may entitled too."

3. After some arguments, learned counsel for the petitioner submits that he shall be approaching the competent Court for the redressal of the grievance alongwith the limitation petition.

4. Granting said liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U