Bipti Devi And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20389 of 2014 ======================================================
1. Bablu Singh Son of late Ram Sewak Singh All resident of villageKurkuri, P.S.- Phulwarishariff, District- Patna
2. Bipti Devi Wife of late Ram Sewak Singh
3. Sarwan Kumarsingh Son of late Ram Sewak Singh
4. Manish Kumar Singh Son of late Ram Sewak Singh .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Land and Revenue Department, Government of Bihar, Patna
2. The District Magistrate, Patna
3. The District Land Acquisition Officer, Patna
4. The Registrar, District Registry Office, Patna .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar Sinha For the State : Mr. Niraj Kumar Sinha, AC to AAG 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-03-2018 Heard learned counsel for the petitioners and learned counsel for the State.
In the present case, the land of the original petitioner has been acquired appertaining to Mauza Kurkuri, Thana No.35, Khata No.452, Khesra No.3543, area 1.881192 acres of land for the construction of NH 30. The original petitioner is claiming that nature of land is residential land whereas learned counsel for the State submits that it is a agriculture land.
This issue can be adjudicated before the forum which has been provided under Section 3(G)(5) of the National High
Patna High Court CWJC No.20389 of 2014 (6) dt.29-03-2018 Way Act which provides such dispute will be adjudicated by the Arbitrator.
In such view of the matter, the petitioners are directed to approach before the Arbitrator who will decide the case in accordance with law. If the petitioners would feel aggrieved by the order of the Arbitrator they will be at liberty to raise objection before the appropriate forum.
With the aforesaid observation and direction this writ petition is disposed of.
(Shivaji Pandey, J) Vinay/- U