Parma Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2614 of 2023 ====================================================== 1.

Parma Singh Son of Late Ramjit Singh Resident of Village- Shaharkola, Police Station- Basantpur, District- Siwan (Bihar). 2.

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

Jamadar Pandey, Son of Late Sukhi Pandey Resident of Village- Shaharkola, Police Station- Basantpur, District- Siwan (Bihar). 4.

Janakdeo Mishra, Son of Late Shivnandan Mishra Resident of VillageShaharkola, Police Station- Basantpur, District- Siwan (Bihar). 5.

Ganesh Mishra, Son of Late Chandradeo Mishra Resident of VillageShaharkola, Police Station- Basantpur, District- Siwan (Bihar). 6.

Lalbabu Prasad, Son of Late Phulan Prasad Resident of Village- Shaharkola, Police Station- Basantpur, District- Siwan (Bihar). ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner, Commissanary Saran (Chapra), Police Station- Muffasil Chapra, District- Saran (Chapra).

3.

The Collector/District Magistrate, Siwan, Police Station- Muffasil Siwan, District- Siwan.

4.

The District Land Acquisition Officer, Siwan, Police Station- Muffasil Siwan, District- Siwan.

5.

The Block Development Officer, Basantpur, Block- Basantpur, Police Station- Basantpur, District- Siwan.

6.

The Circle Officer, Basantpur, Anchal- Basantpur, Police Station- Basantpur, District- Siwan.

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2023 Learned counsel for the petitioners and counsel for the State 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

Patna High Court CWJC No. 2614 of 2023(2) dt.12-07-2023 2/2 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 the State submits 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.

(Dr. Anshuman, J.) prakashmani/- U