Patna High CourtCWJC/19238/2016disposed

Jogi Rai v. The National Highway Authority And ORS

2017-02-14Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court CWJC No.19238 of 2016 (2) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19238 of 2016 ======================================================

1. Jogi Rai, Son of Late Ram Sevak Rai, Resident of Village- Madhopur Raushan @ Bhisha, P.S.- Dumra, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The National Highway Authority, New Delhi.

2. The Regional Manager, National Highway Authority having its Regional Office, Muzaffarpur.

3. The State of Bihar through the Collector, Sitamarhi.

4. The District Land Acquisition Officer, District- Sitamarhi.

5. The Sub-Divisional Officer, Sitamarhi.

6. The Circle Officer, Dumra, District- Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the State : Mr. AC to -GP 15 For the NHAI Mr. S.N. Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14.02.2017 This matter has been listed out of turn on the prayer of the petitioner.

Heard the parties.

The land of the petitioner was acquired but the petitioner was not satisfied with the amount of compensation and thereafter, he filed representation before the Land Acquisition officer, Sitamarhi on 26.8.2016. The grievance of the petitioner is that up till now, no order has been passed on his representation dated 26.8.2016. Learned counsel appearing for the respondent no.2 submits that the petitioner has filed representation before wrong forum and that is the reason, no order has been passed on the representation of the petitioner.

Even if it assumed that petitioner has filed representation

Patna High Court CWJC No.19238 of 2016 (2) dt.14-02-2017 before wrong forum, then also, the concerned forum is bound to pass order on the representation of the petitioner in accordance with law as the aforesaid forum has every right either to send the representation before proper forum or to dispose of the representation mentioning that the representation is not maintainable before him. Accordingly, this writ petition stands disposed of giving direction to the Land Acquisition officer, Sitamarhi to dispose of representation dated 26.8.2016 filed by the petitioner in accordance with law.

Shahid (Hemant Kumar Srivastava, J) U T