Jagdish Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11152 of 2023 ====================================================== Jagdish Prasad Son of Late Rajendra Prasad, resident of Village- Kanak Narayanpur, P.S. - Buxar (Muffasil), District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

2.

The Collector, Buxar.

3.

The Land Acquisition Officer, Buxar.

4.

The Sub-Divisional Officer, Buxar.

5.

The Circle Officer, Chousa, District - Buxar. 6.

The National Highway Authority of India through its competent authority. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devi Das Srivastava, Advocate For the Respondent/s :

Mr. Sajid Salim Khan ( SC- 25 ) Ms. Prakritita Sharma, AC to SC-25 For the NHAI :

Dr. Maurya Vijay Chandra, Advocate Ms. Ankita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-04-2024 Heard the parties.

2. The present writ petition has been preferred for the following reliefs:

(i) for quashing the order dated 15.06.2023 in respect of Serial no.1 only passed by the Land Acquisition Officer, Buxar whereby the objection petition filed by the petitioner with regard to conversion the nature of his land of Thana no.34, Khata no.91, Khesra no.337, from Agricultural to commercial has : been rejected without assigning any reason;

Patna High Court CWJC No.11152 of 2023(4) dt.01-04-2024 2/3 (ii) for issuance of writ in the nature of mandamus directing and commanding the Respondents for conversion the nature of land of the petitioner agricultural to commercial on from the ground of present existing position of land the in the nature of commercial as nearest land of the petitioner has been sold and registered as commercial in nature and the said land is under Nagar Panchayat of Chousa and petitioner has been given electricity connection for commercial over which the petitioner constructed market (Katra) and running his business and paying G.S.T. as well. as the land of the petitioner is situated in the main road of Chausa, Kochas and vide order dated 09.07.2015 passed in case no.18/14,2015 by the S.D.O. whereby nature of land has been converted from Agricultural to non-agricultural and hence compensation, if any, may be paid accordingly against the acquiring land of the petitioner.

3. Learned counsel for the petitioner submits that vide Annexure-9, the Competent Authority-cum-District Land Acquisition Officer, Buxar has negated the claim of the petitioner (serial no.1). So far as his case of treating it as commercial land is concerned, the learned State counsel has

Patna High Court CWJC No.11152 of 2023(4) dt.01-04-2024 3/3 drawn attention of this Court to paragraph 6 of the counter affidavit of the respondent nos. 2 to 5 which read as follows:

6. That in this context it is submitted that the land in question is agriculture in nature in the notification issued dated 04.05.2022 under N.H. Act, 1956 Section 3 (A) and final notification issued dated 07.03.2023 under Ν.Η. Act, 1956 Section 3 (D). As per NH Act, 1956 Section-(5) any grievance can be made before arbitrator after publication of 3 (D).

4. Learned counsel for the petitioner submits that he shall be availing remedy as per the reply filed by the State in the counter affidavit.

5. Granting such liberty, the writ petition stands disposed of.

(Rajiv Roy, J) kiran/- U