Ashok And Co. Nivas Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4522 of 2023 ====================================================== 1.

Ashok and Co. Nivas Pvt. Ltd. Through its Managing Director Ashok Kumar Singh, Corresponding Address at Ashok and Co. Nivas Pvt. Ltd., VIP Colony, Ashoka Tower, P.S. - Jamui, District - Jamui. 2.

Ashok Kumar Singh, Son of Janardan Singh, Resident of Village - Kewal, P.O. - Guguldih, P.S. - Gidhaur, District - Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Principal Secretary, Road Construction Department, Government of Bihar, Patna. 2.

The Secretary, Road Construction Department, Government of Bihar, Patna. 3.

The Regional Officer, Road Transportation and National Highway, Bihar, Patna.

4.

The Engineer-in-Chief (Head Quarter), Road Construction Department, Government of Bihar, Patna.

5.

The District Magistrate, Jamui.

6.

The Competent Authority-Cum-District Land Acquisition Officer, Jamui. 7.

The Chief Engineer, National Highway (South), Road Construction Department, Government of Bihar, Patna.

8.

The Executive Engineer, National Highway No. 2, Biharsharif. 9.

The Executive Engineer, National Highway No. 2, Bhagalpur. 10.

The Executive Engineer, National Highway No. 2, Lakhisarai (HQ), Munger.

11.

The Superintending Engineer, National Highway Work, Road Construction Department, Government of Bihar, Patna.

12.

The Circle Officer, Jamui Circle, District- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niraj Kumar Sinha, Adv.

For the Respondent/s :

Mr. Uday Shankar Sharan Singh, ( GP19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-08-2023 Heard learned counsel for the petitioners and learned counsel for the State.

2. Counsel for the petitioners submits that due to

Patna High Court CWJC No.4522 of 2023(2) dt.09-08-2023 2/3 inadvertence instead of National Highways (as respondent no.3), State Highway has been typed, counsel seeks permission to correct the same in course of the day.

3. Permission granted.

4. Counsel for the petitioners submits that petitioners land was acquired for the purpose of widening of N.H. no.333A.

5. Counsel for the petitioners submits that there is an old school constructed on the northern side of the land but on the southern side there is large chunk of land available. In this regard, petitioner has filed representation, so that, in place of his land the northern side of the land may be acquired.

6. Counsel for the State submits that expansion of National Highway and alignment of road is technical matter, which can be decided by a technical person of the N.H.A.I only.

7. Petitioner is directed to file a representation before the respondent no.3 i.e. the Regional Officer, Road Transportation and National Highways, Bihar, Patna within 4 weeks.

8. Respondent no.3 i.e. the Regional Officer, Road Transportation and National Highways, Bihar, Patna is directed to take decision on the representation filed by the petitioner within 8 weeks thereafter.

Patna High Court CWJC No.4522 of 2023(2) dt.09-08-2023 3/3

9. With the aforesaid direction, this writ petition is hereby disposed off.

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