Rajesh Prasad Gupta v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12437 of 2019 ====================================================== Rajesh Prasad Gupta, aged about 66 years, Male, S/o Late Bhagwan Prasad Gupta, resident of Village Barhara, P.O.- Barhara, P.S.- Marauna, Distt.- Supaul ... Petitioner

Versus

1.

The Union of India through the Secretary, Road and Highways Department, Govt. of India, New Delhi 2.

The Secretary, Department of National Highways and Road Ways, Govt. of India, New Delhi 3.

The National Highway Authority of India, New Delhi, through its General Manager 4.

The Project Director, Project Implementation Unit (P.U.), National Highway Authority of India, Supaul 5.

The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna 6.

The Chief Secretary, Govt. of Bihar, Patna 7.

The Principal Secretary, Land and Revenue Department, Govt. of Bihar, Patna 8.

The District Magistrate-cum-District Officer- cum-District Collector, Supaul 9.

The Additional Collector, Supaul-cum-Arbitrator, appointed under N.H.-57 for Supaul 10.

The District Land Acquisition Officer, Supaul 11.

The Assistant Registrar Ganpatganj, Distt.- Supaul 12.

The Circle Officer Marauna, Distt.- Supaul 13.

Bihari Prasad Mukhiya, S/o Late Santosh Mukhiya, resident of Village Kataiya, P.S.- Birpur, Distt.- Supaul 14.

Bablu Kumar Mukhiya, S/o Sri Bihari Prasad Mukhiya, resident of Village Kataiya, P.S.- Birpur, Distt.- Supaul 15.

Dharmendra Prasad Gupta, S/o Late Shyam Prasad Gupta, resident of Village.- Birpur Ward No. 9, Gol Chowk, P.S.- Birpur, Distt.- Supaul ... ... Respondents ====================================================== Appearance :

For the Petitioner :

M/s Amrit Abhijat & Manoj Kumar Gupta, Advs.

For the Respondents :

Mr. Birendra Prasad Singh, AC to SC XIX ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-07-2019 This application has been filed seeking direction to the respondents more particularly respondent no. 10, the District

Patna High Court CWJC No.12437 of 2019(2) dt.12-07-2019 2/3 Land Acquisition Officer, Supaul, to recover an amount of Rs.47,28,354/- paid to respondent no. 13, which, according to the petitioner, has been done in contravention of an order of injunction, dated 04.11.2016, passed by learned Sub Judge, I, Birpur, in T.S. No. 56 of 2016 whereby payment of compensation to respondent no. 13 was restrained. An application under Article 226 of the Constitution of India is not an appropriate remedy for the relief, which the petitioner is seeking.

The learned counsel for the petitioner states that in the said title suit, which is pending, the petitioner has made an application informing the Court regarding payment of the amount of compensation in breach of the interim order of the Court passed in the title suit with a prayer to initiate contempt proceeding.

Learned counsel for the petitioner contends that the Court below is not proceeding at all in the matter. I reiterate that this Court can not go into such question in a proceeding under Article 226 of the Constitution of India. The petitioner has liberty to approach the appropriate forum in accordance with law seeking appropriate relief, keeping in view the grievance which he is making.

Patna High Court CWJC No.12437 of 2019(2) dt.12-07-2019 3/3 This application stands disposed of with the aforesaid observation.

It is made clear that I have not gone to the merits of the petitioner's claim.

(Chakradhari Sharan Singh, J) Shamshad/- U