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Patna High CourtCWJC/15712/2021disposed

Manish Kumar v. The State Of Bihar

2023-04-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15712 of 2021 ====================================================== 1.

Manish Kumar Son of Mahendra Prasad Resident of Village and P.O.- Andauli, P.S.- Saksohra, District- Patna.

2.

Prabhat Ranjan Son of Late Ram Naresh Singh Resident of Village and P.O.- Andauli, P.S.- Saksohra, District- Patna.

3.

Virendra Prasad Son of Late Bushan Prasad Resident of Village and P.O.- Andauli, P.S.- Saksohra, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Patna.

3.

The Sub Divisional Officer, Barh, Patna.

4.

The Deputy Collector, Land Reforms, Barh, Patna. 5.

The Circle Officer, Belchhi Block, District- Patna. 6.

The Executive Engineer, Road Division, Road Construction Department, Gulzarbagh, Patna.

7.

The Executive Engineer, Rural Works Department, Barh, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Sharma, Advocate Mr.Alok Anand, Advocate For the State :

Mr.K.K. Singh, AC to G.P.22 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-04-2023 In pursuance to the earlier order of this Court, the respondent-State has produced three cheques, in the name of petitioners, amounting to a sum of Rs.49,056/-, Rs.1,06,848/- and Rs.1,26,000/-, which are handed over to the learned counsel for the petitioners.

The aforesaid cheques pertain to the amount of compensation, which has been assessed in favour of the

Patna High Court CWJC No.15712 of 2021(5) dt.24-04-2023 2/2 petitioners, in lieu of the land acquired by the respondent-State for the purposes of construction of road.

The learned counsel for the petitioners submits that though the land in question has got commercial value, but the assessment of compensation, as aforesaid, has been made, treating the land of the petitioners to be agricultural land, hence, they be granted liberty to challenge the same before the appropriate authority. Liberty so sought is granted. The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/Saurav U