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Patna High CourtCWJC/2268/2022withdrawn

Badri Narayan v. The State Of Bihar

2022-09-14Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2268 of 2022 ====================================================== Badri Narayan Son of Sakal Dev Singh, Resident of Village - Dumra Ismilpur, P.S. - Konch, District - Gaya.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

The District Magistrate, Gaya.

4.

The Competent Authority - Cum - District Land Acquisition Officer, Gaya. 5.

The Circle Officer, Gaya Town.

6.

The General Manager, National Highway Authority, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Vijay Kumar, Advocate For the Respondents :

Mr. Sajid Salim Khan (SC 25) Mr. Wasi Ahmad Khan, AC to SC 25 For the NHAI :

Mr. S.N. Pathak, SC ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-09-2022 Heard the parties.

Learned counsel for the petitioner is permitted to withdraw this application so that he may file his claim before the Divisional Commissioner-cum-Arbitrator, Gaya under Section 3G(5) of National Highway Act, 1956.

The learned counsel for the State and NHAI have no objection to the same.

The writ petition is permitted to withdraw with the liberty the petitioner to move Divisional Commissioner-cumArbitrator, Gaya within thirty days from today.

Patna High Court CWJC No.2268 of 2022(2) dt.14-09-2022 2/2 The Arbitrator will decide the matter within four months after hearing the parties and pass a reasoned order in accordance with law. He will consider all the claims of the petitioner including the objection on the classification of land which has been acquired as a house and the respondents are trying to give compensation treating the land to be agricultural land. All the evidences produced by the petitioner shall be considered and dealt by the Arbitrator in his final order. With the aforesaid observation and direction, this writ petition is disposed of.

(Sandeep Kumar, J) BT/- U