Hridya Singh @ Hirdya Mahto v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10203 of 2016 ====================================================== Hridya Singh @ Hirdya Mahto Son of Ram Janam Mahto resident of Village - Pahleja Tola, P.S. Dehri, District - Rohtas.
... ... Petitioner/s
Versus
1.
The Union Of India through Secretary, Ministry of Railway, New Delhi. 2.
The Chairman, Railway Board, New Delhi.
3.
The Chief Project Manager, D.F.C.C.I.L., Mugalsarai. 4.
The General Manager, East Central Railway, Hajipur Zone, Hajipur, District - Vaishali.
5.
The Secretary, Ministry of Home Affairs, Govt. of India, New Delhi. 6.
The State of Bihar through District Officer, Rohtas at Sasaram. 7.
The Secretary, Department of Home, Govt. of Bihar, Patna. 8.
The District Officer-cum-Collector, Rohtas, Sasaram. 9.
The Competent Authority-cum-District Land Acquisition Officer, Rohtas at Sasaram.
10.
Naresh Singh Son of Late Ramchandra Mahto alias Nanhku Mahto 11.
Indramani Singh 12.
Megha Singh 13.
Uma Singh 14.
Dineshwar Singh Sons of Naresh Singh 15.
Most. Pachia Kuar W/o Late Rambali Singh 16.
Anant Singh 17.
Badan Singh 18.
Markat Singh Sons of Late Rambali Singh Sl. No. 10 to 18 all residents of Village - Loharadibalpar, P.S. Tilauthu, District - Rohtas. 19.
Lakrajo Devi Wife of Ram Nath Singh resident of Village Baradih Tola, P.S. Gorari Nasriganj, P.O. Baradih Karakat, District - Rohtas. 20.
Lakhpato Devi W/o Ram Belash Singh resident of Village Suhi, P.O. Malhara Via - Dev, P.S. Dev, District - Aurangabad. 21.
Nathuni Singh Son of Ram Janam Mahto resident of Village - Pahleza Tola, P.O. Pahleja, P.S. Dehri, District - Rohtas.
22.
Madan Mohan Sharma 23.
Baijnath Sharma Both sons of Late Bihari Sharma residents of village - Pahleja, P.O. Pahleja, P.S. Dehri, District - Rohtas. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Shankar Pathak, Advocate
Patna High Court CWJC No.10203 of 2016(2) dt.13-05-2024 2/3 For the Respondent/s :
None For the U.O.I :
Ms. Kanak Verma, C.G.C ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2024 Heard the parties.
2. The present writ petition has been preferred for the grant of following relief/s:- "That this is an application for issuance of appropriate writ/writs, order/orders and/or direction/ direction quashing thereby the orders dated 31.12.2012 and 04.03.2013 passed by the Competent Authority-cum- District Land Acquisition Officer, Rohtas in Land Acquisition No.39/2010-11, hereby and whereunder the Learned District Land Acquisition Officer, Rohtas by his order dated 31.12.2012 directed to prepare the Award in the name of Naresh Mahto (Respondent No.10) in respect of total 59 decimals of land detailed in the said order and by his order dated 04.03.2013 directed to prepare Award for the compensation in joint name of Madan Mohan Sharna and Baijnath Sharma (Respondents 3rd Set) and further to stay operation of the impugned orders as contained in Annexures- 2 and 3 respectively to this writ Petition and for grant of other relief/reliefs to which the
Patna High Court CWJC No.10203 of 2016(2) dt.13-05-2024 3/3 Petitioner may be found entitled in law on the facts and circumstances of the Case."
3. Learned counsel appearing on behalf of the Union of India submits that a bare perusal of the prayer would show that there is a dispute between the parties viz-a-viz respondent No. 10 which can be settled only by a competent Civil Court.
4. A counter-affidavit of the State is also on record though no one appears on behalf of the State.
5. The petitioner is well advised to seek remedy before a competent Civil Court.
6. The present writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U