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Patna High CourtCWJC/18032/2015dismissed

Shanti Devi v. The State Of Bihar And ORS

2023-09-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18032 of 2015 ====================================================== Shanti Devi Wife of Shamsher Bahadur Singh resident of village - Padri, Police Station - Buxar Industrial , District - Buxar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The National Highway Authority of India through its District Land Acquisition officer, Buxar 3.

Suniti Devi Wife Late Suchita Nand Singh resident of village - Singh Niwas, House No. 8/22 Bhaskar Press, Street, Station Road Deoria, Police Station - Deoria, District - Deoria Uttar Pradesh ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Singh, Adv.

For the NHAI/s :

Mr. Vivek Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and counsel for the National Highways Authority of India.

2. The present writ petition has been filed for quashing the order dated 02.07.2015 passed by District Land Acquisition Officer, Buxar.

3. Upon going through the pleading, it transpires that the petitioner namely, Shanti Devi has filed the writ petition for setting aside the order dated 02.07.2015. From the operative part of the said order, it transpires that the petitioner is holder of a Mahadnama from 0.11 Acre of the land from private respondent of the present writ petition. The District Land Acquisition Officer has hold that till date the title of the land has not been

Patna High Court CWJC No.18032 of 2015(2) dt.05-09-2023 2/2 transferred in favour of the petitioner and the entitlement of the said land shall take place only after result of decision of Title Suit No. 251 of 2003 which is pending before Sub-Judge-I, Buxar.

4. In this background, this Court is of the opinion that finding of the District Land Acquisition officer, Buxar is absolutely in accordance with law and there is no need of any interference.

5. With the aforesaid direction, the present writ application stands dismissed.

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