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Patna High CourtCWJC/19252/2014disposed

Vidya Singh v. The State Of Bihar And ORS

2023-12-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19252 of 2014 ====================================================== Vidya Singh ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Tondon For the Respondent/s :

Mr.- Manindra Kishore Singh SC6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-12-2023 I.A. No. 9490 of 2016

1. This is an application to substitute the name of Naresh Kumar Singh, who is son of the original petitioner Vidya Singh who died on 25.04.2015.

2. For the reasons mentioned, this application is allowed and let the name of the petitioner Vidya Singh be deleted from the array of the parties and in his place, the name of Naresh Kumar Singh (Son) be substituted.

3. Heard the learned counsel for the parties.

4. The contention of the petitioner is that there is 4 Kathas of land belonging to him has been utilized by the respondents for construction of a road.

5. Learned counsel for the state submits that only 1 decimal land of the petitioner has been utilized for construction of the road.

Patna High Court CWJC No.19252 of 2014(3) dt.11-12-2023 2/2

6. It is not in dispute that there has been no land acquisition proceeding for utilizing the land belonging to the petitioner. The only dispute is that how much of land of the petitioner has been utilized for constructing the road.

7. In these circumstances, the authorities are directed to get the land measured in presence of the petitioner and thereafter they are directed to pay the compensation in accordance with law under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

8. All the proceedings including Measurement etc., must be done within three months from the date of receipt/production of a copy of this order.

9. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Shishir/- U