Kaushalya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13132 of 2022 ====================================================== Kaushalya Devi W/o Sri Basai Maurya Resident of Village- Bauliya Road, Jagdev Nagar, P.O./P.S.- Sasaram, District- Rohtas- 821115. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Collector, District- Rohtas.

3.

The Addl. Collector, District- Rohtas, Sasaram. 4.

The Deputy Development Commissioner, District- Rohtas, Sasaram. 5.

The District Land Acquisition Officer-cum-Competent Authority, DistrictRohtas, Sasaram. 6.

The Union of India, through The Project Director, NHAI, Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Kumar, Advocate M/s Priya Choubey, Advocate For the State :

Mr. Md. Khurshid Alam ( AAG 12 ) For the NHAI :

Mr. Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner as also the State and the NHAI.

2. The present petition has been preferred for issuance of writ of mandamus or any other appropriate writ/writs, order/orders, direction/ directions thereby commanding the respondents to pay the compensation for acquisition of the land of the petitioner at commercial rate bearing Khata No. 205. Plot No. 81, Thana No. 95 (Sheosagar, Mauza: Sarai, Area: 3 1/8 (1 Katha), District: Rohtas, with due interest till the time of payment to be made to the petitioner.

Patna High Court CWJC No.13132 of 2022(7) dt.06-05-2024 2/2

3. Learned counsel for the petitioner raised number of points in support of his case but the comprehensive counter affidavit filed on behalf of the respondents clearly show why the Competent Authority came to the conclusion.

4. Both the respondents pointed that the petitioner still has remedy under section 3G(5) of the National Highway Act, 1956 to go before the Arbitrator instead of pursuing the writ petition.

5. In that background, learned counsel for the petitioner submits that he shall be preferring an appropriate petition before the Arbitrator for the redressal of her grievance.

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

(Rajiv Roy, J) kiran/- U