Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4460 of 2023 ====================================================== 1.

Manoj Kumar Singh Son of Late Triloki Singh, Resident of Village - Jalalpur, P.S. - Gautam Buddha Nagar, District - Siwan. 2.

Rishi Kumar, Son of Late Ramsabad Singh, Resident of Village - Jalalpur, P.S. - Gautam Buddha Nagar, District - Siwan. 3.

Anil Kumar Singh, Son of Late Bali Singh, Resident of Village - Jalalpur, P.S. - Gautam Buddha Nagar, District - Siwan. 4.

Brij Kishore Singh, Son of Late Ramsabad Singh, Resident of Village - Jalalpur, P.S. - Gautam Buddha Nagar, District - Siwan. 5.

Sri Niwas Singh, Son of Late Surajdeo Singh, Resident of Baliapatti, P.S. - Gautam Buddha Nagar, District - Siwan.

6.

Shambhu Singh, Son of Sri Chandrama Singh, Resident of Baliapatti, P.S. - Gautam Buddha Nagar, District - Siwan.

7.

Shailesh Singh, Son of Late Chandrama Singh, Resident of Village - Usari, P.S. - Gautam Buddha Nagar, District - Siwan. 8.

Suchitri Devi, Wife of Shailesh Singh, Resident of Village - Usari, P.S. - Gautam Buddha Nagar, District - Siwan.

9.

Bhoj Pandit, Son of Late Surat Pandit, Resident of Village - Usari, P.S. - Gautam Buddha Nagar, District - Siwan.

10.

Manoranjan Mishra, Son of Late Lalbabu Mishra, Resident of Village - Usari, P.S. - Gautam Buddha Nagar, District - Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Old Secretariat, Bailey Road, Patna.

2.

The Secretary, Department of Revenue and Land Reforms, Government of Bihar, Old Secretariat, Bailey Road, Patna.

3.

The District Magistrate, Siwan.

4.

The Land Acquisition Officer, Siwan.

5.

The Deputy Collector Land Reforms, Maharajganj, P.O. and P.S. - Maharajganj, District - Siwan.

6.

The Circle Officer, Maharajganj, P.O. and P.S.- Maharajganj, District - Siwan.

7.

The National Highway Authority for NH 227A 'Ramjanki Path Pariyojna'. Dist-Motihari.

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

For the Petitioner/s :

Mr. Uday Bhan Singh, Adv.

For the State :

Mr. Rishi Raj Sinha, SC-19.

For the NHAI :

Mr. Raghwanand, Adv.

:

Mr. S.N. Pathak, Adv.

Patna High Court CWJC No.4460 of 2023(2) dt.09-08-2023 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-08-2023 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the National Highway Authority of India.

2. Learned counsel for the petitioners submits that award has been prepared but fixation amount has not been received till date.

3. Learned counsel for the National Highway Authority of India submits that since award has already been prepared, therefore, liberty available to the petitioner either to receive the award amount or to prefer an application for enhancement of award before Arbitrator-cum-Commissioner, Saran under Section 3G(5) and 3G(6) of the National Highways Act, 1956 (Act No.48 of 1956).

4. In this background, the present Writ Petition stands disposed off granting liberty to the petitioner to avail remedy by way of filing application under Section 3G(5) and 3G(6) of the National Highways Act, 1956 (Act No.48 of 1956) before Arbitrator-cum-Commissioner, Saran for his grievances.

5. The Arbitrator-cum-Commissioner, Saran is directed to take necessary steps to fulfill the grievances of petitioners within nine months from the date of filing of

Patna High Court CWJC No.4460 of 2023(2) dt.09-08-2023 3/3 application by the petitioners.

(Dr. Anshuman, J.) Ritik/- U