Shashi Kant Mandal v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9520 of 2025 ====================================================== 1.
Shashi Kant Mandal S/o Bhudeo Mandal, R/o Village Devri Maheshpur, P.O.- Shovnathpur, P.S. Kahalgaon, District- Bhagalpur, Bihar. 2.
Umesh Kant Mandal S/o Bhudeo Mandal, R/o Village Devri Maheshpur, P.O.- Shovnathpur, P.S. Kahalgaon, District- Bhagalpur, Bihar. ... ... Petitioner/s
Versus
1.
The Union of India through the Director, National Highways, New Delhi. 2.
The Competent Authority, National Highways, Munger, Mirza Chowki Section Project.
3.
The State of Bihar, through the Commissioner-cum-Secretary, Department of Revenue, Government of Bihar, Patna.
4.
The District Magistrate-cum-Collector, Bhagalpur, Bihar. 5.
The District Land Acquisition Officer, Bhagalpur, Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Pravina Kumari, Advocate For the Respondent/s :
Mr. Standing Counsel (07) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-06-2025 Heard Mrs. Pravina Kumari, learned counsel for the petitioners and Ms. Rashmi Ranjan representing the State.
2. The present petition has been preferred for the following relief(s):
"I. To issue appropriate writ(s), order(s) or direction(s) to the concerned respondent authorities directing therein to make payment of entire proper compensation to the petitioners herein against the acquisition of the land bearing Khata No. 08, Khesra No. 541, Survey Area No.
Patna High Court CWJC No.9520 of 2025(2) dt.23-06-2025 2/3 19, Mauja- Devri, Revenue P.S. no. 342, Area0.225 Acres for National Highway No. 80 (Munger-Mirza Chowki) for constructing FourLane Road on the name and style of National Highway Road Project.
II. To issue appropriate writ(s), order(s) or direction(s) to the concerned respondent authorities directing therein to make payment of entire amount of compensation along with statutory interest to the petitioners in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
III. Any other relief(s) be granted to the petitioner, for which he is entitled to in accordance with law."
3. Learned counsel for the petitioners submit that despite the acquisition made relating to National Highway No. 80 (Munger-Mirza Chowki) for the construction of four-lane road, no compensation has been awarded and the different annexures shows that the petitioner represented before the
Patna High Court CWJC No.9520 of 2025(2) dt.23-06-2025 3/3 respondent no. 5, the District Land Acquisition Officer, Bhagalpur.
4. If the contention of the petitioners is true, it is unfortunate that the respondent no. 5, the District Land Acquisition Officer, Bhagalpur has not even taken the matter to its logical conclusion denying the rightful owner of the compensation.
5. In that background, the writ petition stands disposed of directing the petitioner to approach afresh before the respondent no. 5, the District Land Acquisition Officer, Bhagalpur in next four weeks and if a petition showing the documents in support of their case is filed in next four weeks, respondent no. 5 is duty bound to take the same to its logical conclusion. Further, if the decision is taken in favour of the petitioners, the respondents are duty bound to clear the amount in next eight weeks after the passing of the order. (Rajiv Roy, J) Adnan/- U