Omnath Yadav @ Omnath Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3896 of 2021 ====================================================== 1.

Omnath Yadav @ Omnath Chaudhary Son of Late Shiv Narayan Yadav, Address Not Available.

2.

Sheshnath Yadav @ Sheshnath Chaudhary, Son of Late Shiv Narayan Yadav, Address Not Available.

3.

Ram Narayan Chaudhary, Son of Late Harihar Chaudhary, Address Not Available.

4.

Birendra Prasad Yadav, Son of Shivji Prasad @ Shivji Singh, Address Not Available.

5.

Sandip Yadav, Son of Late Parma Yadav, Residence of Village - Mirganj Harkhauli Ward No. 15, Post -Office + Police Station - Mirganj, DistrictGopalganj. ... ... 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 Project Director P.I.U Saran at Chapra. 11.

The Commissioner, Arbitrator, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Prasad Yadav, Advocate For the State : Mr. Dhurjati Kumar Prasad, GP-14 For the NHAI :

Mr. S.N. Pathak Mr. Saurabh Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-07-2024 Learned counsel for the petitioners is permitted to implead the NHAI, through Project Director P.I.U Saran at

Patna High Court CWJC No.3896 of 2021(3) dt.16-07-2024 2/2 Chapra and the Commissioner/Arbitrator, Saran at Chapra as respondent nos. 10 and 11 in course of the day.

2. Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel appearing on behalf of the NHAI.

3. Learned counsel for the petitioners submits that the writ petition may be disposed of with liberty to the petitioners to file an appropriate applications under 3G(5) of the National Highways Act, 1956 before the newly added respondent no. 11 (The Commissioner/Arbitrator, Saran at Chapra). If the petitioners file an appropriate application within a period of six weeks before the newly added respondent no. 11, the respondent no.11 is directed to dispose of the representations/applications of the petitioners within a period of six months from the date of filing of such representations/applications in accordance with law.

4. The writ petition stands disposed of with the aforesaid liberty.

(Rajesh Kumar Verma, J) Ibrar//- U