Vivekanand Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4325 of 2015 ====================================================== Vivekanand Pandey Son of Late Chandradatt Pandey, Resident of VillageMubarakpur, P.S.- Mohania, District Kaimur at Bhabua .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Kaimur at Bhabua

3. The District Land Acquisition Officer, Kaimur at Bhabua

4. The Circle Officer, Durgawati, Dist. Kaimur at Bhabua

5. Shyam Datt Pandey, Son of Late Dudhnath Pandey, Resident of villageMubarakpur, P.S.- Mohania, District- Kaimur at Bhabua

6. Anil Kumar Pandey, Son of Late Chandra Datt Pandey, Resident of Village- Mubarakpur, P.S.- Mohania, District Kaimur at Bhabua .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Surendra Kishore Thakur, Advocate For the State : Mr. Krishana Chandra, Advocate For the Respondent No.5 : Mr. Alok Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 05-05-2015 In view of limited prayer made at the time of hearing of this writ application, the same is being disposed of with a direction to the Land Acquisition Officer, Kaimur at Bhabua to dispose of the application claimed to be filed by the petitioner under Section 3-H of the National Highways Act, 1956 (hereinafter referred to as "the Act") on its own merit and in accordance with law either by itself or by referring it to the Civil Court of competent jurisdiction in view of Sub Section (4) of Section 3-H of the Act as learned counsel for the State has also pointed out that, since such petition itself is pending which has

Patna High Court CWJC No.4325 of 2015 (3) dt.05-05-2015 2/2 been appended as Anexure-4 the same is required to be decided under the aforesaid provisions.

(Dr. Ravi Ranjan, J) N.H./- U