Shatrughna Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10282 of 2023 ====================================================== 1.

Shatrughna Prasad Yadav Son of Bulaki Pd. Yadav, Resident of Village - Khutiya, Ward No. 15, P.S. Mansi, District- Khagaria. 2.

Anil Kumar Son of Bindeshwari Yadav, Resident of Village - Khutiya, Ward No. 15, P.S. Mansi, District- Khagaria.

3.

Sunil Kumar Son of Bindeshwari Yadav, Resident of Village - Khutiya, Ward No. 15, P.S. Mansi, District- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reform Department, Government of Bihar, Patna. 2.

The Divisional Commisssioner, Munger Division, Munger. 3.

The Collector, Khagaria.

4.

The Additional Collector, Khagaria.

5.

The District Land Acquisition Officer, Khagaria. 6.

The Deputy Collector, Land Reform, Khagaria.

7.

The Circle Officer, Chautham, District- Khagaria. 8.

Ruby Devi Wife of Ashok Kumar, Resident of Village - Rahiyan, Ward No. 9, P.S. Mansi, District- Khagaria.

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

For the Petitioner/s :

Mr. Bishweshwar Ram, Advocate For the Respondent/s :

Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-04-2024 Heard the parties.

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

"1. That, this writ application in the nature of mandamus is being filed for directing & commanding the respondents especially the respondent no. 5 to delete the

Patna High Court CWJC No.10282 of 2023(2) dt.05-04-2024 2/3 name of the private respondent no. 8 from the list of beneficiaries of compensation of Land acquisition for construction of road from S.H. 95 ( Mansi- Saharsa- HardiChaughara) Road Mansi to Fengo Halt, on the ground that the petitioners filed a B.L.D.R. Appeal No. 49/2023 before the respondent no. 2, the Learned Court of Divisional Commissioner, Munger Division, Munger against the order dated 23.9.2022 is B.L.D.R. case No. 43/2022-23 passed by the respondent no. 6, the D.C.L.R. Khagaria in which the respondent no. 8 is the respondent no. 3.

2. This writ application is also being filed for issuance a direction to the respondents to grant compensation of law acquisition in accordance with the preliminary notification contained in Memo no. 574 (L.A) dated 22.7.2022 issued under the signature of the respondent Collector, Khagaria. This writ application is also being

Patna High Court CWJC No.10282 of 2023(2) dt.05-04-2024 3/3 filed for other reliefs as well for which the petitioners found entitled."

3. Learned State counsel has pointed out para-9 of this petition which read as follows:

"9. That the petitioners filed a Mutation revision case no. 06/2023-24 against the order of Mutation of the respondent no. 8. Before the Learned Court of Additional Collector, Khagaria."

4. Taking into account, the aforesaid fact that the Additional Collector, Khagaria, decide the Mutation Revision No. 06/2023-24 at an earliest.

5. Accordingly, the writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U