Surendra Prasad @ Surendra Prasad Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1261 of 2017 ====================================================== Surendra Prasad @ Surendra Prasad Mahto Son of Late Bipatu Mahto, R/o Village- Gangaur, P.S.- Harlakhi, Dist.- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Madhubani.

3.

The District Land Acquisition Officer, Madhubani. 4.

The Circle officer, Harlakhi, Madhubani.

5.

The Union of India through the Project Officer of National Highway, Madhubani.

6.

The Arbitrator cum Divisional Commissioner, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rana Bhupendra Narayan Singh, Advocate Ms. Babita Kumari, Advocate For the Respondent/s :

Mr.Dhurjati Kumar Prasad, G.P.-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-12-2025 Learned counsel for the petitioner prays for and is allowed to implead the Arbitrator cum Divisional Commissioner, Darbhanga as respondent no.6 in course of the day.

2. Heard Mr. Rana Bhupendra Narayan Singh, learned counsel for the petitioner and the State.

3. The present petition has been preferred for the following relief/s:

(i) to pay the compensation of the land pertaining to Khata no. 656, Kheshra No.

Patna High Court CWJC No.1261 of 2017(3) dt.02-12-2025 2/3 3470, area 16 decimal of Harlakhi circle at the rate commercial/ residential land as it was declared earlier as residential land in the year 2012 by the competent authority and regarding which a communique was also published in the News paper "Hindustan" dated-27.9.2012 for acquisition of the lands of that area for the widening of National Highway 104 of Border Area;

(ii) and further for quashing the notice no120 dated 30.7.2016 issued b the District Land Acquisition Officer, to pay the Madhubani accordingly compensation of the aforesaid land at the rate of residential land; (iii) for any other relief for which the petitioner is entitled.

4. The details of the land is already in the prayer portion. The petitioner got the amount which he claims to be taken under objection showing the category to be 'Bheeth'. Submission is that the same should have been residential for which shall be approaching the Arbitrator cum Divisional Commissioner in next four weeks.

Patna High Court CWJC No.1261 of 2017(3) dt.02-12-2025 3/3

5. The State has no objection.

6. In case, the petition is preferred in next four weeks, the Arbitrator shall see to it as the matter was pending before this Court for eight years while dealing with the limitation petition.

7. Granting said liberty, the writ petition is disposed of.

(Rajiv Roy, J) Ravi/- U