Anirudh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1718 of 2023 ====================================================== 1.

Anirudh Pandey Son of Late Bhagwan Pandey, Resident of VillageShaharkola, Police Station-Basantpur, District-Siwan (Bihar) 2.

Ramekbal Pandey Son of Late Bhagwan Pandey, Resident of VillageShaharkola, Police Station- Basantpur, District- Siwan (Bihar) 3.

Harendra Kumar Pandey Son of Late Bhagwan Pandey, Resident of VillageShaharkola, Police Station-Basantpur, District-Siwan (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Revenue and Land Reform Government of Bihar, Patna.

2.

The Commissioner, Commissanary Saran (Chapra) District Saran (Chapra) 3.

The Collector/District Magistrate, Siwan District-Siwan. 4.

The District Land Acquisition, Officer, Siwan District-Siwan. 5.

The Block Development Officer, Basantpur Block-Basantpur District-Siwan. 6.

The Circle Officer, Basantpur Anchal-Basantpur District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Singh, Advocate For the State :

Mr. Mukul Prasad, A.C. to G.P.-18 For the NHAI :

Mr. Gaurav Govinds, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 05-07-2023 Learned counsel for the petitioners, learned counsel for the State and learned counsel for the N.H.A.I. are present.

2. The present application has been filed for directing the respondents to correct the names and father names of the petitioners in the land acquisition notice send by the District Land Acquisition Officer, Siwan (Annexure-1). Further prayer has also been made by the petitioners for increasing the compensation amount and fixed the compensation amount at present rate alongwith other reliefs.

3. Learned counsel for NHAI appeared and submits

Patna High Court CWJC No.1718 of 2023 dt.05-07-2023 2/2 that there are two grievances of the petitioners. The first grievance to correct the names and father names of the petitioners as mentioned in the notice. He further submits that for correcting the names and father names, the petitioners ought to move before Competent Authority of Land Acquisition (respective District Land Acquisition Officer). He further submits that for his second prayer, petitioners have to move before the Arbitrator-cum-Divisional Commissioner under Section 3G(5) of the NHAI.

4. In this background, liberty is hereby granted to the petitioners firstly to move before Competent Authority of Land Acquisition and upon correction, liberty is there to move before Arbitrator-cum-Divisional Commissioner, Patna for their grievances.

5. With the aforesaid direction, the present writ petition is allowed.

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