Narayan Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5112 of 2012 ====================================================== Narayan Prasad Singh, Son Of Late Ganga Dayal Singh, Resident Of New Area, Pipra Kothi, Visar Tank, P.S.-Civil Lines, District-Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate-Cum-Collector, Gaya

3. The Chairman, Gaya Regional Development Authority-Cum-Chairman, Gaya Municipal Corporation, Gaya

4. National Highways Authority of India through its General Manager, S.K. Puri, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vivek Prasad For the Respondent nos.1&2 : Mr. Rakesh Kumar Ranjan For the Respondent no.3 : Mr.R.K. Priyadarshi For the Respondent no.4 : Mr.S.N. Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-09-2015 Heard the parties.

Indisputably, for the identical relief(s), the petitioner, besides others, had approached this Court in CWJC No.9842 of 1993, which was ultimately dismissed by a Bench of this Court by an order dated 04.12.2008 (Annexure-3).

Apparently, the objection(s) of the petitioner regarding construction of "Rain Basera" over the flank of the National Highway No.83, which is allegedly adjacent to the land of the petitioner, was considered and finally rejected by this Court. Furthermore, so far the lands of National Highway No.83 are concerned, the petitioner has no legal right over the same. In that view of the matter, the prayer(s) of the petitioner is completely misconceived, besides being barred by res-judicata. Hence, the present writ petition is dismissed. Arvind/- (Birendra Prasad Verma, J) U