Nirmal Kumar Singh @ Nirmal Singh And ANR v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10755 of 2017 ====================================================== 1.1. Brajesh Kumar Singh Son of late Nirmal Kumar Singh @ Nirmal Singh, Resident of Village and P.O. - Sakaddi, P.S. and Anchal Koilwar, DistrictBhojpur at Ara. 1.2. Nitesh Kumar Singh @ N.K. Singh, Son of Late Nirmal Kumar Singh @ Nirmal Singh, Resident of Village and P.O. - Sakaddi, P.S. and Anchal Koilwar, District- Bhojpur at Ara.

1.3. Mithelesh Kumar Singh, Son of Late Nirmal Kumar Singh @ Nirmal Singh, Resident of Village and P.O. - Sakaddi, P.S. and Anchal Koilwar, DistrictBhojpur at Ara. 2.

Anil Kumar Singh @ Anil Singh, S/o Late Ram Niwas Singh, Both are resident of village and P.O.- Sakaddi, P.S. Anchal- Koillwar, DistrictBhojpur at Ara. ... ... Petitioner/s

Versus

1.

The Union Of India 2.

The Secretary, Ministry of Road Transport and National Highway, New Delhi.

3.

The State of Bihar.

4.

The Collector, Bhojpur at Ara.

5.

The Additional Collector, Bhojpur at Ara.

6.

The District Land Acquisition Officer, Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Respondent/s :

Mr.Md.Khurshid Alam-Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-09-2025 Learned counsel for the petitioners prays for and is allowed to implead the Arbitrator cum Divisional Commissioner, Patna Division, Patna as respondent no.7 in course of the day.

Heard Mr. Manoj Kumar Singh, learned counsel for the petitioners and Mr. Maurya Vijay Chandra, learned counsel

2/4 representing the National Highways Authority of India.

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

(i) for an order or direction commanding the Respondents to determine the fair marked value of the land on the date of publication of the notification under section 3A of the National Highway Act, 1956 since the land in question is being used for the purposes of the commercial since 1998 and quash the notice bearing no. 683 dated 13.12.2016 issued under the signature of the competent Authority-cum-District Land Acquisition Officer, Bhojpur whereby and where under he has been pleased to determine the land in question as Bheeth in u/s 3G of the National Highway Act, 1956 as arbitrary manner.

I.A. No. 02 of 2023:

3. The aforesaid Interlocutory Application has been preferred for substituting the heirs of petitioner no.1, Nirmal Kumar Singh @ Nirmal Singh who died on 29.05.2022 leaving behind the heirs as recorded in para-2 of the petition which are

3/4 as follows:

(i) Brajesh Kumar Singh (ii) Nitesh Kumar Singh @ N.K. Singh (iii) Mithelesh Kumar Singh, all sons of late Nirmal Kumar Singh @ Nirmal Singh, all resident of village and P.O.

Sakaddi, P.S. & Anchal-Koilwar, District-Bhojpur at Ara.

4. There is no objection from the other side.

5. In that background, the I.A. No. 02 of 2023 is allowed.

6. Let the names of the heirs be incorporated in place of petitioner no.1, Nirmal Kumar Singh @ Nirmal Singh. C.W.J.C. No. 10755 of 2017:

7. After some argument, learned counsel for the petitioners submit that they shall be approaching the Arbitrator cum Divisional Commissioner, Patna Division, Patna (newly added respondent no.7) for the redressal of the grievance but there has been delay in filing the said petition.

8. If the petition is preferred in next four weeks, the Arbitrator cum Divisional Commissioner, Patna Division, Patna shall look into the matter that the petitioners were agitating the

4/4 matter before the Patna High Court while dealing with the limitation petition.

9. The writ petition is disposed of.

(Rajiv Roy, J) Ravi/- U