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Patna High CourtCWJC/6470/2023disposed

Bhanu Prakash v. The State Of Bihar

2024-04-29Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6470 of 2023 ====================================================== Bhanu Prakash Late Ramdas Prasad, resident of New Area, Bisar Talab, P.S. - Civil Lines, Town and District - Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The Arbitrator-cum-Commissioner, Magadh Division, Gaya. 3.

The Collector-cum-District Magistrate, Gaya.

4.

The Deputy General Manager (Technical), BSRDC (NHAI-82), Gaya. 5.

The Competent Authority, N.H.- 82-cum-District Land Acquisition Officer, Gaya.

6.

The District Sub. Registrar, Registry Office, Gaya. 7.

The Circle Officer, Sadar, District Gaya.

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

For the Petitioner/s :

Mr. Majid Mahboob Khan, Advocate For the Respondent/s :

Mr.Raj Kishore Roy ( G.P- 18 ) For the BSRDC :

Mr. P.K. Shahi, Sr. Advocate Mr. Manish Dhari Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-04-2024 Heard the parties.

2. Learned counsel for the petitioner submits that the counter affidavit filed on 15.03.2024 was rejected by the Court enabling the respondent to file another counter affidavit which was filed on 15.04.2024 after serving a copy upon him on the same day. However, inadvertently, it was recorded in order no. 6 dated 15.04.2024 that the reply was not filed.

3. In view of the said submission put forward by the learned counsel for the petitioner, paragraph no. 2 of order dated

Patna High Court CWJC No.6470 of 2023(7) dt.29-04-2024 2/2 15.04.2024 to be ignored.

4. As per the latest supplementary counter affidavit, the NHAI has preferred appeal and the details are incorporated in Annexure R/A which shows that the next date of hearing is 31st of October, 2024.

5. In that view of the matter, it would be appropriate that the petitioner appears in that case so that the same is taken to its logical conclusion.

6. Once the petitioner appears, the Court concerned shall speed up the matter and if otherwise found fit to be taken up for hearing, to be concluded within a period of one year.

7. The writ petition stands disposed of.

(Rajiv Roy, J) Jagdish/- U