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Patna High CourtCWJC/19974/2018disposed

Rajdev Prasad Yadav v. The State Of Bihar

2025-09-23Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19974 of 2018 ====================================================== Rajdev Prasad Yadav S/o Late Rudal Yadav Resident of Village-Bhangaha Bazar, P.S.-Inerwa, District-West Champaran at Betiah. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary, Revenue and Land Reform Department, Govt. of Bihar, Patna.

3.

The Director, Land Acquisition Directorate, Bihar, Patna. 4.

The Collector, West Champaran at Betiah 5.

The District Land Acquisition Officer, West Champaran (Betiah) 6.

The Circle Officer, Mainatand, West Champaran (Betiah) 7.

The District Sub-Registrar, West Champaran at Betiah. 8.

The Secretary, Road Construction Department, Govt. of Bihar, Patna 9.

The Executive Engineer, Road Division, West Champaran at Betiah. 10.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vidhan Chandra Pathak, Adv.

For the Respondent/s :

Mr. Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Learned counsel for the petitioner prays for and is allowed to implead the Divisional Commissioner, Muzaffarpur as respondent no. 10 in course of the day.

2. Heard Mr. Ashutosh Singh, learned counsel for the petitioner and the State.

3. The present application has been preferred for the following relief(s):

(i) for issuance of an appropriate writ/s, order/s, direction/s to the respondents to pay the adequate compensation amount of

Patna High Court CWJC No.19974 of 2018(2) dt.23-09-2025 2/3 acquisition for land of the petitioner, proposed to be acquired for construction of INDONEPAL BORDER ROAD PROJECT as per the current market value price rate prevailing in the area, for the land situated in MauzaBhangha, Thana No.- 232, Khata no. 73, Khesra No.-622, admeasuring (Rakba) 0.32 Acre, District- West Champaran (Betiah);

(ii) for directing the respondents to pay the compensation amount of acquisition for land of the petitioner for proposed construction of INDO-NEPAL BORDER ROAD PROJECT as per the rate not less than the other land owners of the same locality in Mauza-Bhanga have been paid;

(iii) for grant of other relief(s) for which the petitioner may be found entitled there too.

4. The matter relates to road project on Indo-Nepal border crossing through the West Champaran district.

5. The claim is that the land which should have been declared residential, has been clubbed in the category of agricultural one.

6. Learned State Counsel submits that if the petitioner is aggrieved by the nature of the land, the natural course was to approach the Arbitrator-cum- Divisional Commissioner, Tirhut Division, Muzaffarpur.

7. Learned counsel for the petitioner submits that

Patna High Court CWJC No.19974 of 2018(2) dt.23-09-2025 3/3 though he shall be approaching the concerned authority, there has been delay as was pursuing the matter before the Patna High Court.

8. In that background, the writ petition is disposed of allowing the petitioner that if a proper petition is preferred in next eight weeks before the newly added respondent no. 10, the concerned authority shall see to it that the matter was pending before this Court for seven years and ensure that the same is decided on merit at an earliest.

9. The writ petition is disposed of with aforesaid observation.

(Rajiv Roy, J) Vijay Singh/- U