Shiv Narain Pd. Mishra v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.134 of 2017 ====================================================== Shiv Narain Pd. Mishra son of Late Ram Sevak Mishra, Resident of Village Chand Sarai, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The Director, Land Acquisition, Directorate of Land Acquisition, Ministry of Revenue and Land Refor 3.
The Competent Authority-cum-District Land Acquisition Officer, Vaishali at Hajipur.
4.
The Collector, Vaishali at Hajipur.
5.
The Circle Officer, Hajipur Sadar, District Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivji Singh, Adv.
For the Respondent/s :
Mr. Dhurjati Kumar Prasad, G.P-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-08-2025 Heard the parties.
2. The present writ petition has been preferred for the following relief(s):
(i) to hold and declare that the land measuring an area of 1.24 Acre of Daulatpur Dewariya Mauza, 1.2 Acre of Dighi Kala Mauza and 2.63 Acre of Chak Sharifabad Mauza acquired by the Respondents for the purpose of construction of Industrial Training Institute at Hajipur (hereinafter referred to as I.T.I.) contrary to the provisions of section 17(4) of the Land Acquisition Act (hereinafter referred to as
Patna High Court CWJC No.134 of 2017(3) dt.30-08-2025 2/3 the Act) which have been wrongly imparted the emergency provision by the Respondents concerned only to deprive them of opportunity to object;
(ii) to hold and declare that depriving these Petitioner for filing an objection under the provisions of section 5A of the Act against whom lands have been acquired under the provision of section 17(4) of the Act by the Respondents concerned is completely illegal, errornous, malafide and malicious and colourable exercise of power;
(iii) to issue order/orders, direction/directions or a writ/writs in the nature of mandamus commanding upon the Respondents concerned to determine compensation and make payment to Petitioner compensation as per the provision of section 24 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabiliation ad Resettlement Act, 1913 as in the case of others whose lands have also been acquinred under the same notification under section 11 of the Act;
(iv) to issue an order/ orders, direction/directions or a writ/writs in the nature of mandamus commanding upon the Respondents concerned to calculate the amount of compensation on the basis of valuation as on 24.01.2014 as in the case of
Patna High Court CWJC No.134 of 2017(3) dt.30-08-2025 3/3 other persons whose lands have been acquired for the same purpose as per orders of this Hon'ble Court dated 24.06.2014 passed in C.W.J.C.No. 23984 of 2013 as provided under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabiliation and Resettlement Act, 2013 in favour of these Petitioners who have already received part amount of compensation under protest against their respective lands which had been acquired by the Respondents for the construction of I.T.I. at Hajipur, Vaishali.
3. Learned counsel for the petitioner submits that the matter has become infructuous and as such, he may be permitted to withdraw the petition.
4. Accordingly, disposed of as infructuous.
(Rajiv Roy, J) Vijay Singh/- U