Shyamnand Tiwari @ Shyamnandan Tiwari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20008 of 2018 ====================================================== Shyamnand Tiwari @ Shyamnandan Tiwari son Late Radha Tiwari Resident of Village-Ghorpakri, P.S- Inerwa, District-West Champaran at Betiah. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Revenue and Land Reform Department, Govt. of Bihar, Patna.

3.

The Director, Land Acquisition Directorate, Bihar, Patna. null null 4.

The Collector West Champaran at Betiah.

5.

The District LandAcquisition Officer, West Champaran at Betiah. 6.

The Circle Officer, Maintand, West Champaran Betiah 7.

The District Sub-Registrar, West Champaran at Betiah. 8.

The Secretary, Road Construction Department, Govt. of Bihar, Patna. 9.

The Executive Engineer, Road Division, West Champaran at Betiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Singh, Advocate For the Respondent/s :

Mrs. Nutan Sahay, Aag-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-11-2025 Heard Mr. Ashutosh Singh, learned counsel for the petitioner and Mrs. Nutan Sahay, learned counsel for the State.

2. The present petition has been preferred for the following relief/s:

(i) for issuance of an appropriate writ/s, order/s, direction/s to the respondents to pay the adequate compensation amount of acquisition for land of the petitioner, proposed to be acquired for construction of

Patna High Court CWJC No.20008 of 2018(2) dt.04-11-2025 2/3 INDO-NEPAL BORDER ROAD PROJECT as per the current market value price rate prevailing in the area, for the land situated in Mauza-Bhangha, Thana No. 232. Khata no. 121, Khesra No.-842, admeasuring 0.085 Acre, District- West Champaran (Betiah);

(ii) for directing the respondents to pay the compensation amount of acquisition for land of the petitioner for proposed construction of INDO-NEPAL BORDER ROAD PROJECT as per the rate not less than the other land owners of the same plot (i.e. Khata No. 121.

Thana no.-232, Khesra no.-842 in MauzaBhanga) have been paid; (iii) to pass such other order or orders as your lordships may deem fit and proper in the facts and circumstances of the case..

3. The counter affidavit of the respondent is/are there to show that while the land of Dhruv Mukhiya was in the category of residential, the land of the petitioner was categorized as 'Sahan'. This counter affidavit was filed in the

Patna High Court CWJC No.20008 of 2018(2) dt.04-11-2025 3/3 year 2019 after service of the copy to the learned counsel for the petitioner on 05.08.2019 and there is no reply to it.

4. Learned counsel for the petitioner submits that he still has the grievance.

5. Learned State counsel submits that in that circumstance, petitioner has to move before the appropriate authority/Court for the redressal of the grievance.

6. Taking into account the aforesaid facts, the writ petition is disposed of allowing the petitioner that though payment has been made to him, if still aggrieved, can move before the appropriate authority/Court for he redressal of the grievance.

(Rajiv Roy, J) Ravi/- U