Patna High CourtCWJC/6389/2017dismissed

Nilam Kumari Sinha v. The Union Of India And ORS

2018-09-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6389 of 2017 ===========================================================

1. Nilam Kumari Sinha, Wife of Ajay Kumar Sinha, Resident of MohallaGodabari (Bhairo Asthan), PS-Rampur, District-Gaya. .... .... Petitioner/s

Versus

1. The Union of India through the Secretary, Ministry of Road Transport & Highway, Transport Bhawan, I Parliament Street, New Delhi.

2. The Secretary, National Highway Authority of India, G-5 & 6 Dwarika, New Delhi. 110075.

3. The Narional Highway Authority of India, D-63 Sri Krishnapuri, Patna-800001.

4. The State of Bihar, through the Chief Secretary Government of Bihar, Old Secretariat, Patna

5. The District Collector, Gaya.

6. The District Land Acquisition Officer, Gaya.

7. The Circle Officer, Rampur Anchal, Gaya.

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

For the Petitioner/s : None For the Respondents 5 to 7: Mr. Sajid Salim Khan, SC-25 For the NHAI : Mr. Anshay Bahadur Mathur, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 14-09-2018 No one appears on behalf of the petitioner.

Counter affidavit has been filed on behalf of respondent Nos.5 to 7 today.

This writ application has been filed for issuance of mandamus against the respondent-authorities commanding them to make fresh calculation and valuation of the land referred in paragraph1 of the writ petition, which was acquired for construction of National Highway-83.

Patna High Court CWJC No.6389 of 2017 dt.14-09-2018 P2/ In paragraph-13 of the writ petition, the petitioner has stated that he has already moved against the decision of the competent authority before the Arbitrator vide Arbitration Case No.189 of 2015. Since the same prayer of the petitioner is pending before the competent authority, this writ application is premature. Accordingly, it stands dismissed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date19.09.2018 Transmission Date