Jagdeo Prasad @ Jagdeo Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13758 of 2016 ====================================================== 1.1. Amrendra Prasad, Son of late Jagdeo Prasad@ Jagdeo Prasad Yadav, Resident of Kamangar Gali, Pani Tanki Road, P.S. Khajekalan, Patna City, District- Patna.

1.2. Birendra Kumar Yadav, Son of late Jagdeo Prasad@ Jagdeo Prasad Yadav, Resident of Kamangar Gali, Pani Tanki Road, P.S. Khajekalan, Patna City, District- Patna.

1.3. Usha Sinha, Daughter of late Jagdeo Prasad@ Jagdeo Prasad Yadav, Wife of Ashesh Sinha, Resident of 28B, Bondel Road, P.S. Kerai, District-South Kolkata, State-West Bengal.

1.4. Pushpa Rai, Daughter of late Jagdeo Prasad@ Jagdeo Prasad Yadav, W/o Chandra Bhushan Rai, Resident of H.N. 100N, Ashok Nagar, Gorakhpur, P.S. Sahpur, District- Gorakhpur, State-Uttar Pradesh. 1.5. Sushma Kumari, Daughter of late Jagdeo Prasad@ Jagdeo Prasad Yadav ,, W/o Anil Kumar, Kashipur (Kashichak Bibi), P.S. Rajapakar, DistrictVaishali. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

3.

The Principal Secretary, Department of Road Contruction, Government of Bihar, Patna.

4.

The District Magistrate, Saran at Chapra.

5.

The Land Acquisition Officer, District- Saran at Chapra. 6.

The Deputy Collector, Land and Reforms, Saran at Chapra. null null 7.

The Additional Collector, Saran at Chapra. null null 8.

The Circle Officer, Sonepur, District- Saran. 9.

The Circle Inspector, Sonepur, District- Saran. null null 10.

Navyuga Engineering Company Ltd. through its Managing Director, Corporate Office at Plot No.379, Ro 11.

The Managing Director, Navyuga Engineering Company Ltd., Corporate Office at Plot No.379, Road No.1 12.

Assistant General Manager Projects, Navyuga Engineering Company Ltd., at Office- Chand Hospital, H ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Sajid Salim Khan, SC-25 ======================================================

2/4 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-07-2025 No one appears on behalf of the petitioner.

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

"(i) For issuance of a Writ in the nature of certiorari for quashing the order dated 05.05.2016, passed in Misc. Case No. 36 of 2015 arising out of Jamabandi Cancellation Case No. 41/2014-15 as contained in memo No. 793 dated 12.05.2016 passed by the Collector-cum-District Magistrate, Saran, Chapra by which the Jamabandi as already created in the name of Dakhalkar Raiyat (Petitioner) has been canceled and further the petitioner has been asked to move the competent authority on the point of validity of the sale deeds.

(ii) For issuance of an appropriate Writ for a declaration that the initiation of Jamabandi cancellation Proceeding and the order dated 21.03.2015 passed by the Additional Collector, Saran Chapra in Jamabandi cancellation Case No. 41/2014-15 as well as all

3/4 the subsequential orders are in teeth of the provisions of Bihar Land Mutation Act and the same has been arbitrarily and malafidely done only to deprive the petitioner from getting the benefit of the amount of compensation, as his Raiyati land is being acquired for the purposes of construction of Ganga Highway (from Digha to Didarganj).

(iii) For issuance of an appropriate Writ holding and declaring that the Raiyati land of the petitioner has to be acquired for the purpose of making Ganga Highway (from Digha to Didarganj) only after proper acquisition as per the Land Acquisition Act and only after giving due compensation to the petitioner in the Acquisition Proceeding, the lands of the could be acquired for the aforesaid purpose for making Ganga Highway (from Digha to Didarganj).

(iv) For issuance of an appropriate writ restraining the respondents to acquire the land of the petitioner for the aforesaid purpose of construction till the matter is finally

4/4 adjudicated by this Hon'ble Court or in alternative till the compensation at the rate of market value of the land is paid by the Respondents for the land for which the Jamabandi has been arbitrarily cancelled by the Respondents and which is to be acquired for making Ganga Highway (from Digha to Didarganj)."

3. In the forenoon also there was no appearance on call, in that background, the writ petition stands dismissed for non-prosecution.

(Rajiv Roy, J) vinayak/- U