Patna High CourtCWJC/16317/2016disposed

Rahul Kumar v. The State Of Bihar And ORS

2018-12-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16317 of 2016 ====================================================== Rahul Kumar Son of Sri Krishna Prasad Resident of village - Madhopur, P.S. Bakhtiyarpur, District - Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. National Highway Authority, Bihar, Patna

3. The Collector, Patna

4. Land Acquisition officer, Patna

5. Anchal Adhikari, Sadar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Mritunjay Prasad Singh, Advocate For the State :

Mr. Rakesh Ranjan, A.C. to AAG12 For the N.H.A.I.

Mr. S.N. Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-12-2018 Heard both sides.

No counter affidavit is filed on behalf of N.H.A.I. The petitioner has filed this writ petition for a direction to the land acquisition authority to release the land of Plot No.1494 of Khata No.415, situated in Village Madhopur, Thana No.138 for acquisition of widening N.H. 30, PatnaBakhtiyarpur. The sole contention of the petitioner is that N.H. 30 is situated north to Plot No.1495 and Plot No.1494 is situated south to Plot No.1495 but the land acquisition authority or N.H.A.I. has not issued notification for acquisition of Plot No.1495 for widening of N.H. 30.

Patna High Court CWJC No.16317 of 2016(3) dt.11-12-2018 2/2 Counter affidavit has been filed by the State respondents and it is stated that on account of realignment of N.H. 30, the lands of Plot No.1494 and Plot No.1495 have been acquired for the purpose of construction of N.H. 30, therefore, the contention of the learned counsel for the petitioner that Plot No.1495 has not been acquired is false. If the petitioner has got any grievance, he may file petition before the land acquisition authority for redressal of his grievance and the land acquisition authority is directed to dispose of the petition filed by the petitioner within four months.

With the aforesaid observation and direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U