Jagdish Prasad Chouhan @ Jagdish Prasad Chauhan v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9375 of 2025 ====================================================== 1.
Jagdish Prasad Chouhan @ Jagdish Prasad Chauhan Son of Late Ram Lakhan Prasad Chouhan Resident of - Bank Colony Gola Road, Danapur, P.S.- Danapur, Post- District- Patna.
2.
Ram Parvesh Chauhan Son of Jagdish Prasad Chouhan Resident of - Bank Colony Gola Road, Danapur, P.S.- Danapur, Post- District- Patna. ... ... Petitioner/s
Versus
1.
The Union of India through Secretary, Ministry of Road Transport and Highways Government of India, New Delhi 2.
The National Highway Authority of India, through its Chairman, Regional Office, Bihar, Patna.
3.
The State of Bihar through Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.
4.
The Divisional Commissioner, Purnia Division, Purnia. 5.
The District Magistrate, Katihar.
6.
The Additional Collector, Katihar.
7.
The District Land Acquisition Officer, Katihar. 8.
The District Sub Registrar, Registry Office, Katihar. 9.
The Circle Officer, Kodha, Katihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lalit Kishore, Sr. Adv.
Mr. Ayush Kumar, Adv.
Mr.Kanishka Shankar, Adv.
For the Respondent/s :
Mr.(Dr.) Md. Raisul Haque, SC 10 For the N.H.A.I.
:
Mr.(Dr.) Maurya Vijay Chandra, Adv.
Mr. Gaurav Govind, Adv.
Ms. Anjali Kumari, Adv.
Ms. Preety Ranjan, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 19-06-2025 By filing the present writ petition, petitioners have prayed for the following reliefs :- "(i) For issuance of directions to the respondent authorities to pay the amount of compensation on the basis of the current MVR
Patna High Court CWJC No.9375 of 2025(2) dt.19-06-2025 2/3 or Market Value of the other lands of the same Mauza and nature of the land i.e. commercial along with the interest to the petitioners as no compensation amount has been paid for the remaining 15.06 Decimal of land illigally acquired by the respondents in gross violation of Principle of Natural Justice and completely in violation of constitutional right enshrined under Article 300(A) of the Constitution of India."
(ii) For any other relief for which the petitioner may be deemed entitled to.
2. Learned counsel for the petitioners has submitted that compensation amount has been paid to the petitioners only for 11.9 decimal of land appertaining to Khesra No. 1090 and 1114 whereas the entire 27.5 decimal land of the petitioners of respective khesra has been acquired violating the constitutional rights of the petitioners enshrined under Article 300(A) of the Constitution of India. Learned counsel submits that for redressal of the grievance petitioners have already filed representation on 24.12.2024 before the Divisional Commissioner, Purnia Division, Purnia (respondent no. 4), however, the same has not been disposed of as yet.
3. Learned counsel for the State as well as the learned counsel appearing for the N.H.A.I. submits that official receipt
Patna High Court CWJC No.9375 of 2025(2) dt.19-06-2025 3/3 of the aforesaid representation has not been brought on record by the petitioners. Learned counsels, however, submit that in case petitioners file fresh representation raising their grievances, the same shall be considered by the competent authority.
4. Considering the facts and circumstances of the case and the arguments advanced on behalf of the parties, the present writ petition is disposed of with liberty to the petitioners to approach the competent authority for redressal of their grievance, which has been raised by the petitioners in the present writ petition, within a period of four weeks from the date of receipt of a copy of this order. The concerned/competent authority is directed to consider and dispose of the grievance of the petitioners after giving due opportunity, expeditiously, preferably within a period of four months from the date of filing of representation/application by the petitioners. (Alok Kumar Pandey, J) mcverma/- U