Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15521 of 2021 ====================================================== 1.

Ashok Kumar son of Late Ram Lakhan Lal, resident of Village-Wena, PostWena, Police Station-Wena, District-Nalanda. 2.

Ramanand Prasad, son of Late Harbansi Lal, resident of Village-Wena, PostWena, Police Station-Wena, District-Nalanda. 3.

Ram Singh, son of Late Lakhan Ram, resident of Village-Wena, Post-Wena, Police Station-Wena, District-Nalanda.

4.

Prabhat Kiran, son of Vijay Kumar, resident of Village-Wena, Post-Wena, Police Station-Wena, District-Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Samaharnalaya, Biharsharif, Nalanda.

2.

The District Acquisition Officer, Samaharnalaya, Nalanda. 3.

The Regional Officer, National Highway Authority of India, D-63, S.K. Puri, Rajesh Khanna Path, Patna-800001.

4.

The Executive Engineer, National Highway Division No. 2, Biharsharif, Nalanda, Bihar.

5.

The Chief Executive Officer, Old Jail Road, Zila Parishad, Bihar Sharif, Nalanda.

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

For the Petitioner/s :

Mr.Pankaj Kumar Das For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-06-2023 The present writ petition has been filed seeking the following relief:- "1(i). That therefore this writ petitioners craves indulgence in this court for issuing appropriate writ in the nature of mandamus commanding the respondents restraining them not to interfere in the peaceful possession of the land belongs to the petitioners, over which their residential house is situated since long more than 100

Patna High Court CWJC No.15521 of 2021(8) dt.27-06-2023 2/2 years and petitioners family enjoying the said house and now on 17.08.2021 officials of the respondents put a mark 25 meter, 25 ft, 25 ft, 25 ft, 50 ft., respectively inside the house to be demolish on account widening of the N.H. 20 without taking any recourse of acquisition as well as without paying any compensation and also upon query they inform on 31.08.2021 demolition of the making area shall be effected. Petitioners are further praying that till disposal of the present writ petition respondents not to interfere on the Plot No. 477/322 Khata No.70 of Petitioner No.1, Plot No. 277, Khata No. 70 of petitioner No. 2, Plot No. 317, Khata No. 70, Plot No. 477, Khata No. 70 of petitioner No. 4 and grant status quo."

After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) Ajay/- U