Braj Lal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4913 of 2020 ====================================================== Braj Lal Kumar Son of Mithilesh Prasad, Resident of Village-Khidarachak, P.S. Bahui, Distt. Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary of Department of Road Construction, Patna, Bihar.

2.

The Chief Secretary, Department of Revenue and Land Reforms, Patna. 3.

The District Magistrate, Biharsharif, Nalanda. 4.

The District Land Acquisition Officer, Biharsharif, Distt. Nalanda. 5.

The District Chief Executive Engineer, Road Construction Department, Biharsharif, District-Nalanda.

6.

The District Assistant Executive Engineer, Road Construction, Biharsharif, Distt. Nalanda.

7.

The Circle Officer Rahui Nalanda, Distt. Nalanda. 8.

Suresh Prasad, Son of Late Ragho Prasad, Resident of Village Khidarachak, Post-Sohsarai, District-Nalanda.

9.

Biru Ram, Son of Babu Lal Ram, Resident of Village Sulemanpur, DistrictNalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Soban Asghar, Advocate For the Respondent/s :

Mr.Amit Prakash (GA-13) Mr.Prabhakar Thakur, AC to GA-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-12-2023 This writ application has been filed for issuance of necessary direction to the concerned respondent for providing compensation of land of the petitioner acquired by the respondent authorities in Thana No. 146, Mauza - Imamganj in respect of 6 decimal land appertaining to Khata No. 384, Khesra No. 977 in Village - Sulemanpur and of village - Khidarchak Sohrai, District - Nalanda alongwith other ancillary reliefs.

Patna High Court CWJC No.4913 of 2020(3) dt.04-12-2023 2/2

2. It is submitted on behalf of petitioner that right, title and interest over the land in question is pending before the SubJudge, Biharsharif, Nalanda, bearing Partition Suit No. 192 of 2018 between the parties.

3. Taking into consideration the submission made on behalf of petitioner, materials available on record and the fact that since the right title and interest of the land in question is already subjudice in T.S. No. 192 of 2018 in the court of learned Sub-Judge, Nalanda at Biharsharif and as such, till the disposal of aforesaid title suit, no order for payment of the compensation can be passed by this Court in its writ jurisdiction. However, this writ petition is disposed of with direction to the petitioner to appear before the concerned authority and raise his grievance, which shall be disposed of in accordance with law after hearing the parties.

4. With aforesaid direction, the writ petition stands disposed of.

(Prabhat Kumar Singh, J) anay/- U