Sushil Kumar Chaudhary @ Sushil Kumar And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12015 of 2016 ====================================================== 1.
Sushil Kumar Chaudhary @ Sushil Kumar and Ors S/o Late Kameshwar Chaudhary R/o village - Mahanth Maniyari, P.S. Maniyari, District - Muzaffarpur 2.
Anju Devi W/o Panna Lal Gupta R/o village - Mahanth Maniyari, P.S. Maniyari, District - Muzaffarpur 3.
Kaushalya Devi W/o Late Surendra Chaudhary R/o village - Mahanth Maniyari, P.S. Maniyari, District - Muzaffarpur 4.
Devendra Bhushan S/o Ram Pramod Thakur R/o village - Mahanth Maniyari, P.S. Maniyari, District - Muzaffarpur 5.
Gulam Sarvar S/o Elahi Baksh R/o village - Mahanth Maniyari, P.S. Maniyari, District - Muzaffarpur ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna 3.
The Director Cum Additional Secretary, Directorate of Land Acquisition, Department of Revenue and L 4.
The District Magistrate, Muzaffarpur 5.
The District Land Acquisition officer, Muzaffarpur 6.
The Additional Collector, Land Revenue, West Muzaffarpur 7.
The Sub - Divisional officer West , Muzaffarpur 8.
The Deputy Collector Land Reforms West , Muzaffarpur 9.
The Circle Officer, Kudhani, Muzaffarpur 10.
The District Sub - Registrar, Muzaffarpur 11.
The Secretary Department of Road Transport and National Highways, Central Government of India, New 12.
The National Highway Authority of India through Deputy General Manager Land Acquisition and Co - O 13.
The Regional officer, National High Way Authority of India, First Floor, Sri Krishnapuri, Patna 1 14.
The Project Director, National Highway Authority of India, P.K.E., Muzaffarpur ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Manoj, Advocate For the State :
Mr. Vikash Kumar, SC-11 For the NHAI :
Dr. Maurya Vijay Chandra, Advocate ======================================================
Patna High Court CWJC No.12015 of 2016(2) dt.21-07-2025 2/3 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2025 Heard Mr. Manoj Kumar Manoj, learned counsel for the petitioner and learned counsel representing the State as also learned counsel representing the National Higways Authority of India.
2. The present petition has been preferred for the grant of following relief(s):
"for issuance of appropriate writ/writs for quashing and setting aside the constitution of four Member committee and its report dated11.02.2014 (Annexure-5) made in light of order dated-17.12.2013 and letter no.- 06/LandAcquisition dated-02.01.2014 issued by Respondent no.-4 and 5 by which and wherein land of Petitioners under acquisition process has been assessed as 'Developing type' as wrong and illegal and further by commanding the Respondents, Direction may be made for constitution of 6 member committee prescribed by Letters dated-01.08.2008, 10.10.2009 and 25.10.2012 (Annexure- 6 Series) and to re-assess the type and nature of land in light of submitted
Patna High Court CWJC No.12015 of 2016(2) dt.21-07-2025 3/3 facts, evidence and actual local inspection and thereafter only to pay appropriate compensation to petitioners, in the interest of justice."
3. After some argument, learned counsel for the petitioner submit that they shall be approaching the competent authority/Arbitrator for the grievance that they have raised though he accepts that the payment was received with objection.
4. Granting said liberty to the petitioners, the writ petition stands disposed of.
5. Needless to add, if such petition is filed, the competent authority shall not dismiss the petition on the ground of limitation as the matter was being agitated before Patna High Court.
(Rajiv Roy, J) vinayak/- U