Hare Ram Pandit v. The Chairman National Highway Authority Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 9407 of 2023 ====================================================== Hare Ram Pandit Son of Ram Sewak Pandit, Resident of Ward No. - 8, Ekchari, P.S. - Rasalpur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The Chairman National Highway Authority of India 2.

The State of Bihar through Principal Secretary, Home Special Department, Government of Bihar, Old Secretariat, Patna.

3.

The District Magistrate, Bhagalpur.

4.

The Land Acquisition Officer, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Respondent/s :

Mr. Md. N.H. Khan (SC-1) Mr. Fazle Karim, AC to SC-1 For the NHAI :

Dr. Anand Kumar, Advocate Mr. Ranjan Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-03-2024 Heard Mr. Rajive Ranjan Singh, learned counsel for the petitioner as also learned AC to SC-1 and learned counsel appearing for the NHAI.

2. The present petition has been preferred for the following reliefs:

(i) for direction to the respondents to pay compensation to the petitioner Panchat No. 62, 65, 69 bearing Khata No.168, Khesra No.803, 806 & 812 measuring 0.32 acre, 0.095 acre, 0.65 acre as per current rate;

(ii) for direction to the respondents to pay penal interest on the time of

Patna High Court CWJC No.9407 of 2023(4) dt.29-03-2024 2/2 notification the above compensation amount.

3. After some argument, learned counsel for the petitioner fairly submits that Title Partition Suit No. 36 of 2022 is pending before the competent Court filed by Dimple Kumari who claims herself to be the daughter-in-law of the petitioner.

4. In that case, the final hearing has been completed and is waiting for judgment. As such, the petitioner will abide by the final order of Title Partition Suit No. 36 of 2022.

5. Learned State Counsel submits that the title suit has been preferred by Dimple Kumari who has not even been made party-respondent.

6. Though the writ petition, in that circumstance is fit to be dismissed for non-joinder of the party, in view of the fact that the petitioner will abide by the final order in Title Partition Suit No. 36 of 2022, cautioning him, the writ petition stands disposed of.

(Rajiv Roy, J) kiran/- U