Surya Narayan Verma v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3158 of 2017 ====================================================== Surya Narayan Verma son of Late Panchanand Verma, Resident of VillageHardashchak, P.O.- Koshi College, Khagaria, P.S.- Muffasil, DistrictKhagaria. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Collector, Khagaria.
3.
The District Land Acquisition Officer, Khagaria. 4.
The Superintending Engineer, National Highway, Anchal Bhagalpur, Bihar. 5.
The Engineer in Chief cum Additional Commissioner cum Special Secretary, Road Construction Departme 6.
The Chief Engineer, National Highway-31, Deputy Part of Road Construction Department, Bihar, Patna.
7.
The Executive Engineer, National Highway-31 Anchal, Bhagalpur, Bihar. 8.
The Circle Officer, Khagaria.
9.
The National Highway Authority of India Through the Regional Officer, Patna, Bihar.
10.
The Union of India Through the Secretary, Ministry of Road Transport and Highways New Delhi.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kr. Singh, Advocate Mr.Mrityunjay Kumar, Advocate Mr. Parveen Kr. Singh, Advocate For the State :
Mr.Sajid Salim Khan -SC-25 For NHAI :
Mr. Kumar Gautam, Advocate For UOI :
Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-04-2025 Heard Mr. Shaildendra Kumar Singh, learned counsel for the petitioner and Mr. Sajid Salim Khan, learned Standing Counsel -25 as also Mr. Kumar Gautam, representing the National Highway Authority of India besides Mr. Bindhyachal Rai, learned counsel for the Union of India duly
2/4 assisted by Mr. Balwant Kumar.
2. The present petition has been preferred for the following reliefs:
(i) that the concerning respondents may be directed to return the acquired land of the petitioner within district-Khagaria under Mouza- Hardashchak Vide Khesra No. 7,6,5A,3,2A,2B,29,360B Area 1.55 Acre in connection with Land Acquisition Case No. 2/1971-72;
(ii) for that the concerning respondents may be directed to return the acquired land of the petitioner within the districtKhagaria Vide Mouza- Parmanandpur, Vide Khesra No. 1,35/A,43/A Area 1.75 acre in connection with Land Acquisition Case No. 4/1971-72 and also under Mouza Parmanandpur Vide Khesra No.
50 Area 6 Katha 15 dhurs about 31 decimal in connection with Land Acquisition Case No. 4/1971-72;
(iii) for that if the land of the petitioner is
3/4 not returned in any case then in such situation the concerning respondents may be directed to make payment of compensation amount against the acquired land of the petitioner in connection with Land Acquisition Case No. 2/1971-72, 4/1971-72 and 4/1971-72 within District Khagaria under Mouza Hardashchak, Parmanandpur with interest at the present rate;
(iv) for any other relief/reliefs may also provided to the petitioner if he deserves the same.
3. It is the case of the petitioner that though acquisition process took decades ago, they kept on cultivating the land and to their knowledge, the same is not even required for the purpose, it was acquired.
4. Learned counsel for the State objects to that and submits that the petitioner cannot be allowed to take recourse to the writ petition for the facts that stand decided decades ago.
5. At this stage, learned counsel for the petitioner submits that he shall be putting his entire grievance by filing a
4/4 comprehensive representation before the appropriate authority, the respondent no.2, the Collector, Khagaria for the redressal of the his grievance.
6. Though, this Court finds force in the submission of the learned counsel for the State, in view of the fact that the petitioner wants a liberty to approach the appropriate authority, without commenting on the merit of the case and allowing the petitioner to raise all the points that is available under the law before the said authority, the writ petition stands disposed of. (Rajiv Roy, J) Ravi/- U