Vinod Kumar Singh And ANR v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18847 of 2016 ====================================================== 1.
Vinod Kumar Singh son of Late Kapildeo Singh 2.
Jodhan Singh, son of Late Kedar Singh, Both resident of Village- Barej, P.S.- Mohania, District- Kaimur (Bhabua).
... ... Petitioner/s
Versus
1.
The Union Of India through Secretary, Road and Transport and National Highway Authority, Govt. of India, New Delhi. 2.
The National Highway Authority through Director, Delhi. 3.
The Project Director, National Highway Authority, Varanasi, Uttar Pradesh. 4.
The State of Bihar through Principal Secretary, Revenue Department, Govt. of Bihar, Patna.
5.
The District Collector, District- Kaimur at Bhabua. 6.
The Competent Authority cum District Land Acquisition Officer, DistrictKaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Singh, Advocate For the State :
Mr. Raj Kishore Roy-GP18 For the NHAI : Dr. Anand Kumar, Advocate Mr. Rajan Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-02-2023 Heard learned counsel for the petitioners, learned counsel for the respondents-State and learned counsel for the National Highway Authority.
The petitioners have filed the instant writ application for the following relief(s):
"For quashing the order dated 29.11.2014 passed in case no.17/14-15 by the competent authority cum District Land Acquisition Officer, Kaimur at Bhabua upto extent of which the land of
Patna High Court CWJC No.18847 of 2016(11) dt.13-02-2023 2/3 the petitioners have been categorised as commercial in nature and paid the same rate of compensation has given to the other landholder holding the land residential in nature by issuance of writ in the nature of certiorari as well as for issuance of writ in the nature of mandamus or any other writ or writs or direction or directions to the respondents to pay the compensation amount of commercial land of the petitioners at least same as net amount received by the residential land holder after deducting the requisite taxes."
In addition to the above, learned counsel for the petitioners submits that the respondents illegally deducted 10% amount by way of tax at the time of paying of the compensation to the petitioners.
After some argument, learned counsel for the petitioners seeks permission to withdraw this application to raise all the points raised in the instant writ application before the respondent no.5-the District Collector, District Kaimur at Bhabua.
The instant writ application is disposed of as withdrawn with the aforesaid liberty.
In case such a representation is filed by the petitioners within a period of four weeks from today, the petition/representation filed by the petitioners shall be disposed
Patna High Court CWJC No.18847 of 2016(11) dt.13-02-2023 3/3 of by the respondent no.5-the District Collector, District Kaimur at Bhabua within a period of three months by a reasoned order. (Partha Sarthy, J) Saurabh/- U