Shobha Devi v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19903 of 2016 ====================================================== Shobha Devi W/o Sri Sunil Singh Resident of Village - Hasanpura, P.S. - Beur, District - Patna.
... ... Petitioner/s
Versus
1.
The Union Of India 2.
The State of Bihar through the District Magistrate cum Collector, Patna. 3.
The District Land Acquisition Officer cum Competent Officer, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajatshatru, Advocate For the Respondent/s :
Mr. Dhurjati Kumar Prasad, GP-14 For the NHAI :
Dr. Maurya Vijay Chandra, Advocate :
Mr. Gaurav Govinda, Advocate :
Ms. Preety Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-08-2025 Heard Mr. Ajatshatru, learned counsel for the petitioner and Dr. Maurya Vijay Chandra, learned counsel representing the National Highway Authority of India ('the NHAI') beside the State.
2. The present petition has been preferred for the grant of following relief(s):
"to issue a writ in the nature of MANDAMUS/ CERTIORARI or any other writ or direction commanding the respondents to pay the amount of compensation/Award of the entire land of petitioner's share for which the possession has been taken on 24.05.2013 of the land bearing plot no. 458 Khata No. 5 Tauzi no. 5146 Thana no. 95 of mauza Hasanpura,
Patna High Court CWJC No.19903 of 2016(2) dt.25-08-2025 2/3 jamabandi no. 812 measuring area 21.875 dismal (7 katha), as per the alignment map [Ann-1] for construction of N.H. 30 Patna Buxar road. Further prayer to issue a writ in the nature of MANDAMUS/CERTIORARI or any other writ or direction commanding the respondents to issue fresh notification under The National Highways Act 1956 [here in after referred as "The Act] to acquire the remaining part of the plot no. 458 measuring area 21.875 dismal (7 katha) and correct the record of acquisition of said plot as only 6 dismal land of the said plot no. 458 has been shown by the respondents to be acquired under notification / declaration [Ann2] where as per the alignment map the respondents have taken possession of total land measuring area 21.875 dismal (7 katha) of the plot no. 458 of petitioner. And further to issue any further direction/directions to the respondents in view of the facts and circumstances of this case."
3. After some argument learned counsel for the
Patna High Court CWJC No.19903 of 2016(2) dt.25-08-2025 3/3 petitioner submits that he will be approaching the District Land Acquisition Officer-cum-Competent Officer, Patna for the redressal of the grievance. He further submits that it would be appropriate that 'the NHAI' be also noticed so that the matter is taken to its logical conclusion at an earliest.
4. Dr. Chandra representing 'the NHAI' submits that once the case gets number, they shall be assisting the concerned respondent.
5. In that background, this Court disposes of the writ petition allowing the petitioner to approach the respondent no.3, the District Land Acquisition Officer-cum-Competent Authority, Patna for the redressal of the grievance. The matter was pending before this Court for nine years which has to be taken into consideration and the case has to be taken up to its logical conclusion on merit after getting report from the ground zero with the help of Revenue Authorities in the presence of 'the NHAI' preferably by 31st March, 2025.
6. The writ petition stands disposed of.
(Rajiv Roy, J) vinayak/- U