Madan Sah And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18614 of 2017 ====================================================== 1.

Madan Sah and Anr 2.

Uma Shankar Sah Both Sons of Late Hari Nandan Sah Resident of Village - Sarai Purani Bazar, P.O. - Sarai, P.S. - Sarai, District - Vaishali. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Vaishali at Hajipur. 3.

The District Land Acquisition Officer Vaishali at Hajipur. 4.

The Circle Officer, Bhagwanpur.

5.

Krishna Prasad Son of Late Rajendra Sah Resident of Mohalla - Pokhra, P.S. - Town Hajipur, District - Hajipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mrs. Nutan Sahay-Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2025 No one appears on behalf of the petitioner though Mrs. Nutan Sahay representing the State is present.

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

quashing the order dated 23.09.2016 passed in case No.-2622009-10 LA No.-1/16 Madan Sah and Uma Shankar Sah Vs Krishna Prasad Sah passed by Learned Land Acquisition Officer, Vaishali at Hajipur, whereby the learned court has directed the parties to file Title Suit and has accordingly transferred the matter under section 3H(4) of NHAI Act 1956 to the Civil

Patna High Court CWJC No.18614 of 2017(2) dt.24-06-2025 2/2 Court, Vaishali at Hajipur by issuance of writ in the nature of Certiorari.

And Further the respondent authorities be directed to pay the compensation amount at commercial rate for the land measuring 10 Decimal acquired by the respondent authorities for construction of NH-77 i.e. Hajipur-Muzaffarpur road and further restraining the respondent authorities from making any payment to the respondent No.-5 by issuance of appropriate writ/writs, order/orders or direction/directions.

3. Learned State Counsel submits that this order is justified as the proper forum is the Competent Civil Court, Vaishali at Hajipur.

4. Be that as it may, since there is no appearance, dismissed for non-prosecution.

(Rajiv Roy, J) Vijay Singh/- U