Inamul Huk, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1593 of 2021 ====================================================== 1.
Inamul Huk, Son of Bhikhu Miyan, Residence of Village - Mirganj 2.
Hari Nath Singh, Son of Late Mathura Singh, Residence of Village - Mirganj 3.
Ramesh Kumar, Son of Late Dharamnath Bhagat, Residence of Village - 4.
Bharat Prasad, Son of Late Devnandan Prasad, Residence of Village - 5.
Omhari Singh, Son of Late Subhash Singh, Residence of Village - Mirganj 6.
Sriram Chaudhary, Son of Late Ganesh Chaudhary, Residence of Village - 7.
Badshah Alam, Son of Late Shah Alam, Residence of Village - Mirganj 8.
Munna Miyan, Son of Late Israil Miyan, Residence of Village - Mirganj 9.
Abbas Ali, Son of Late Muslim Ali, Residence of Village - Mirganj 10.
Prvinchndra Singh, Son of Late Ramnath Singh, Residence of Village - 11.
Basdev Singh, Son of Late Sitaram Singh, Residence of Village - Mirganj 12.
Yogendra Kumar, Son of Late Sir Bhagwan Singh, Residence of Village - 13.
Vijay Kumar Singh, Son of Late Jaiprakash Singh, Residence of Village - 14.
Prkash Kumar Son of Late Ramchandra Prasad, Residence of Village - 15.
Awadhesh Singh, Son of Late Ramchandra Singh, Residence of Village - 16.
Raj Bahadur Singh, Son of Late Sri Kisun Singh, Residence of Village - 17.
Radhosharan Prasad, Son of Late Shivnath Prasad, Residence of Village -
2/4 18.
Satendra Prasad, Son of Late Sitaram Singh, Residence of Village - Mirganj 19.
Mahmud Ali, Son of Late Ahmad Ali, Residence of Village - Mirganj 20.
Baldev Singh, Son of Late Bhagla Singh, Residence of Village - Mirganj 21.
Rameshwer Prasad, Son of Late Bishavnath Sonar, Residence of Village - 22.
Rama Kant Prasad, Son of Late Paras Prasad, Residence of Village - Mirganj 23.
Manejer Chaudhary, Son of Late Jagarnath Chaudhary. Residence of Village - Mirganj Harkhauli, Post Office and Police Station- Mirganj, District - 24.
Kapildev Bhagat Son of Late Janki Bhagat, Residence of Village - Mirganj 25.
Ramesh Prasad, Son of Late Bishavnath Vari, Residence of Village - Mirganj 26.
Hareram Mahto, Son of Late Radha Mahto, Residence of Village - Mirganj 27.
Md. Fesal, Son of Late Bachcha Miyan, Residence of Village - Mirganj 28.
Shiv Ji Sah, Son of Late Mahavir Sah, Residence of Village - Mirganj 29.
Bali Ram Chaudhary, Son of Late Mahesh Chaudhary, Residence of Village - Mirganj Harkhauli, Post Office and Police Station- Mirganj, District - 30.
Jaisri Mahto, Son of Late Chanar Mahto, Residence of Village - Mirganj 31.
Halim Miyan, Son of Late Raj Mahammad, Residence of Village - Mirganj 32.
Husen Miyan, Son of Late Moharam Miyan, Residence of Village - Mirganj 33.
Sugiya Devi, Wife of Late Ram Kisun Singh, Residence of Village - Mirganj 34.
Prabhawati Devi, Son of Late Ram Pravesh Singh, Residence of Village - 35.
Kunti Devi, Wife of Late Shiv Taahal Sah, Residence of Village - Mirganj 36.
Saida Khatoon, Wife of Late Mokim Miyan, Residence of Village - Mirganj
3/4 37.
Salim Miyan, Son of Late Raj Mohammad, Residence of Village - Mirganj 38.
Musmat Girja Devi @ Girja Devi, Wife of Late Jawahar Prasad, Residence of Village - Mirganj Harkhauli, Post Office and Police Station- Mirganj, District - Gopalganj.
39.
Hira Lal Chaudhry, Son of Late Ganesh Chaudhary, Residence of Village - ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2.
The District Magistrate District - Saran at Chapra. 3.
The District Land Acquire Officer, District - Gopalganj. 4.
The Circle Officer, Mirganj, District - Gopalganj. 5.
The Principal Secretary National Highway Govt. of Bihar, Patna. 6.
The Engineer-In-Chief National Highway, Govt. of Bihar, Patna. 7.
The Chief Engineer National Highway Govt. of Bihar, Patna. 8.
The Superintending Engineer National Highway Govt. of Bihar, Muzaffarpur.
9.
The Executive Engineer National Highway Dist. - Saran at Chapra. 10.
The NHAI through the Project Director P.I.U. Chapra. 11.
The Commissioner -cum-Arbitrator, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Prasad Yadav, Advocate For the State :
Mr. Raj Kishore Roy, GP-18 For the NHAI :
Mr. S.N. Pathak, Advocate :
Mr. Saurabh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-07-2024 Learned counsel for the petitioners is directed to implead 'The Commissioner -cum-Arbitrator, Saran at Chapra' as respondent no.11 in course of the day.
2. Heard Mr. Shambhu Prasad Yadav, learned counsel for the petitioners, Mr. Raj Kishore Roy, learned GP-18 for the
4/4 State as well as Mr. S.N. Pathak, learned counsel appearing on behalf of the NHAI.
3. In view of the order dated 21.04.2022 passed in C.W.J.C. No. 1308 of 2020 and order dated 04.09.2023 passed in L.P.A. No. 249 of 2022, learned counsel for the petitioners seeks permission to withdraw this application with the liberty to move before the appropriate forum under Section 3(G)(5) of the National Highway Act, 1956.
4. If the petitioners file the application before the competent authority under Section 3(G)(5) of the National Highways Act, 1956 within a period of six weeks, the competent authority (Divisional Commissioner) is directed to dispose of the application of the petitioners under Section 3(G)(5) of the National Highways Act, 1956 within a period of six months from the date of the filing of such representation/application in accordance with law.
(Rajesh Kumar Verma, J) ajay/- U