Ram Kishor Prasad Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5981 of 2023 ====================================================== 1.
Ram Kishor Prasad Thakur Son of Vishwanath Thakur Resident of VillageNema Patti Pakauli Urf Laloo Chapra, P.O. Laloo Chapra P.S. Paroo, District- Muzaffarpur.
2.
Kaushal Kishor Son of Punydev Thakur Resident of Village- Nema Patti Pakauli Urf Laloo Chapra, P.O. Laloo Chapra P.S. Paroo, DistrictMuzaffarpur. 3.
Panchanand Kumar Thakur Son of Ramjee Thakur Resident of VillageNema Patti Pakauli Urf Laloo Chapra, P.O. Laloo Chapra P.S. Paroo, District- Muzaffarpur.
4.
Rajendra Thakur Son of Devi Thakur Resident of Village- Nema Patti Pakauli Urf Laloo Chapra, P.O. Laloo Chapra P.S. Paroo, DistrictMuzaffarpur. 5.
Santosh Kumar Son of Surendra Prasad Thakur Resident of Village- Nema Patti Pakauli Urf Laloo Chapra, P.O. Laloo Chapra P.S. Paroo, DistrictMuzaffarpur. 6.
Phuldeo Prasad Thakur Son of Durga Thakur Resident of Village- Nema Patti Pakauli Urf Laloo Chapra, P.O. Laloo Chapra P.S. Paroo, DistrictMuzaffarpur. 7.
Virendra Thakur Son of Ram Swarath Thakur Resident of Village- Nema Patti Pakauli Urf Laloo Chapra, P.O. Laloo Chapra P.S. Paroo, DistrictMuzaffarpur. 8.
Renu Devi Wife of Ramji Thakur Resident of Village- Nema Patti Pakauli Urf Laloo Chapra, P.O. Laloo Chapra P.S. Paroo, District- Muzaffarpur. ... ... Petitioners
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Revenue and land Reforms Department, Government of Bihar, Patna.
3.
The Director, Directorate of Land Acquisition, Government of Bihar, Patna. 4.
The Divisional Commissioner Tirhut Division, Muzaffarpur. 5.
The District Magistrate, Muzaffarpur, District- Muzaffarpur. 6.
The District land Acquistion Officer, Muzaffarpur, District-Nalanda at Biharsharif.
7.
The Sub-Divisional Officer, Muzaffarpur West, District-Muzaffarpur 8.
The Circle Officer, District-Muzaffarpur.
9.
The National Highway Authority of India, New Delhi through the General Manager.
10.
The General Manager, National Highway-132 W (Manikpur- Sahebganj part) Four Lane Road Project Unit, Muzaffarpur, District- Muzaffarpur. ... ... Respondent/s ======================================================
Patna High Court CWJC No.5981 of 2023(3) dt.02-11-2023 2/3 Appearance :
For the Petitioner/s :
Mr.Santosh Kumar, Advocate For the Respondent/s :
Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-11-2023 Heard learned counsel for the petitioners and learned counsel for the respondents.
2. The present writ petition has been filed for quashing order dated 10.2.2023, passed by respondent no.6 by which petitioners' application with respect to payment of quantum of compensation against land acquisition, has been rejected.
3. At the very outset, learned counsel for the respondent NHAI raises a preliminary objection to the effect that an statutory alternative remedy is available to the petitioners with regard to insufficiency of the compensation amount as determined, by way of arbitration in terms of Section 3G (5) of the National Highways Act, 1956.
4. Learned counsel for the petitioners does not dispute the above proposition.
5. In the above view of the matter, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.
6. The writ application stands disposed of.
7. Needless to say, the petitioners shall be at liberty to seek remedy before the appropriate forum as may be available to them in accordance with law.
8. It is made clear that if the petitioners approache the appropriate forum, the concerned authority/forum would have regard to the present proceeding being pursued by the petitioners, while considering any issue relating to condonation
Patna High Court CWJC No.5981 of 2023(3) dt.02-11-2023 3/3 of delay, if applicable.
(Prabhat Kumar Singh, J) Shashi U