← Library
Patna High CourtCWJC/6589/2024disposed

Shiv Shankar Singh @ Jitu Singh v. The State Of Bihar

2025-02-06Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6589 of 2024 ====================================================== Shiv Shankar Singh @ Jitu Singh Son of Late Kishori Raman Singh, Resident of Village - Auan, P.O.-Thanua, P.S.-Shivsagar, District - Rohtas (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Revenue Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Rohtas at Sasaram.

3.

The Project Director, National Highway Authority, Sasaram. 4.

The District Magistrate, Rohtas at Sasaram, District-Rohtas (Bihar). 5.

The Competent Authority cum District Land Acquisition Officer, Rohtas, Sasaram, District-Rohtas (Bihar).

6.

The Circle Officer, Shivsagar, Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate For the State :

Mr. AC to SC-6 For the NHAI :

Mr. Rajesh Shandilya, Advocate Mr. Vinayak Harshvardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-02-2025

1. Heard learned counsel for the petitioner, learned AC to SC-6 for the State and learned counsel appearing on behalf of the NHAI.

2. Learned counsel for the petitioner submits that the land of the petitioner pertaining to Khata No. 11, Khesra No. 18 at Mauza Kauadi, Thana No. 86, district Rohtas was acquired by the NHAI for widening NH-2 to six lane from 890 kilometres (Varanasi-Aurangabad Section) vide Gazettee notification dated 13.11.2014. It is further submitted that Award dated 25.08.2017 was prepared in which 391 square metres of petitioner's land

Patna High Court CWJC No.6589 of 2024(2) dt.06-02-2025 2/3 was shown as agricultural and rest of the lands was shown as commercial but the Award was prepared in the name of Jitu Singh, Son of Munsi Singh when correct name of petitioner is Shiv Shankar Singh, Son of Late Kishori Raman Singh, accordingly, the petitioner requested vide his representation dated 05.12.2022 with all the relevant documents before the District Magistrate, Rohtas at Sasaram for correcting the name of the petitioner in the Award but till date no action has been taken.

3. At this stage, learned counsel appearing on behalf of the NHAI submits that the petitioner instead of filing a representation before the District Magistrate, Rohtas at Sasaram ought to have filed an application for rectification of his name in the Award before the competent authority-cum-District Land Acquisition Officer, Rohtas at Sasaram on which learned counsel appearing on behalf of the petitioner submits that petitioner has also submitted a representation dated 05.12.2022 before the respondent no. 5 but then no action till date has been taken.

4. Learned counsel appearing on behalf of the State submits that the writ application can be disposed of with a direction to the District Land Acquisition Officer, Rohtas at

Patna High Court CWJC No.6589 of 2024(2) dt.06-02-2025 3/3 Sasaram to dispose of the representation of the petitioner dated 05.12.2022 (Annexure-3 series) but then it is submitted that it may be a possibility that the representation was filed in the year 2022 and it may not be found in the office of the respondent no. 5 on which learned counsel appearing on behalf of the petitioner submits that petitioner will file a fresh representation with all the relevant documents to establish his case before the District Land Acquisition Officer, Rohtas at Sasaram that the acquired land belongs to him and not to Jitu Singh on or before 14.02.2025.

5. After hearing the learned counsel for the parties, the writ application is disposed of with a liberty to the petitioner to file a fresh representation before the respondent no. 5 on or before 14.02.2025 for seeking the relief as claimed in the instant writ application, if any application is filed on behalf of the petitioner on or before 14.02.2025 before the respondent no. 5 in that event the respondent no. 5 shall consider and dispose of the same within a period of four weeks thereafter in accordance with law.

(Satyavrat Verma, J) Kundan/- U