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Patna High CourtCWJC/13748/2016disposed

Bhola Sah @ Bhola Sahu v. The Union Of India And ORS

2025-01-09Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13748 of 2016 ====================================================== Bhola Sah @ Bhola Sahu son of Late Raghuni Sah @ Late Raghuni Sahu, Resident of Village- Sangram, P.O.-Tulapatganj Bazar, P.S.-Jhanjharpur, District- Madhubani.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Road Transport (National Highway) New Delhi.

2.

The Chairman, National Highway Authority of India Sector-10/11 Dwarka, New Delhi.

3.

The Project Director, National Highway Authority of India, H/o- Shri S.N. Jha, Ward No.-10 Professor Colony, Dighee West Darbhanga (Bihar846004) 4.

The District Magistrate, Madhubani.

5.

The District Land Acquisition Officer, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav, Advocate For the Respondent/s :

Mr. Saurabh Kumar, AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2025 I.A. No.01 of 2024 This interlocutory application has been filed for substitution of the names of heirs and legal representatives of the sole petitioner Bhola Sah @ Bhola Sahu who died on 01.08.2021 leaving behind his heirs and legal representatives as stated in paragraph 3 of the application.

2. Learned counsel for the petitioner submits that the wife of the petitioner has also died on 02.12.2023. Copies of death certificates of the petitioner and his wife are annexed with the application.

Patna High Court CWJC No.13748 of 2016(6) dt.09-01-2025 2/3

3. There is no objection to this application.

4. In view of the submissions of learned counsel for the petitioner and considering the averments made in the application, I.A. No.01 of 2024 is allowed. Let the names of heirs and legal representatives of the sole petitioner be substituted in his place after deleting his name from the cause title of the writ petition.

Re:- CWJC No.13748 of 2016

5. Heard learned counsel for the petitioners and learned counsel for the State.

6. This writ petition has been filed for the following reliefs:

(i) For a mandamus commanding the respondents to make payment of compensation along with interest under the residential category, missing plot Araria Sangram L.A. No.410, Khesra No.912 Area 9 decimal land, District-Madhubani which has been acquired and work of widening and strengthening of National Highway at the concerned place has already been completed but compensation amount of the land (under category missing plot) of petitioner has not been paid. (ii) For any other relief or reliefs for which the petitioner may be found entitled in the facts and circumstances of the case.

7. Learned counsel for the petitioners submits that this case may be disposed of with liberty to the petitioners to file representation before the concerned authority for redressal of

Patna High Court CWJC No.13748 of 2016(6) dt.09-01-2025 3/3 their grievance.

8. Learned counsel for the State has no objection to this prayer of the petitioners.

9. In view of the submission of learned counsel for the petitioners, this case is disposed of with liberty to the petitioners, as prayed for.

(Sunil Dutta Mishra, J) Harish/- U