Syed Sadique Hussain v. The Deputy Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12057 of 2023 ====================================================== Syed Sadique Hussain Son of Late S. Ashique Hussain Resident of VillageJamwara, Ward no. 25, P.O.-Paithraita, Distirct-Sheikhpura. At Present resident of Mohalla-Magistrate Colony, P.O.-Ashiana Nagar, P.S. Rajiv Nagar, District-Patna 800025.

... ... Petitioner/s

Versus

1.

The Deputy Secretary Road Transport and National Highway Authority of India (Head Office) Office) Flat No. G-5 and 6, Dabri Gurgaon Road, Secror-10, Delhi-110075.

2.

The Chief Engineer, National Highway Authority of India. 3.

Superintending Engineer, National Highway Authority of India. 4.

Executive Engineer, National Highway Authority of India. 2 to 4 are at Regional Office of National Highway Authority of India at Viveka Nand Marg, Block-A, North Sri Krishnapuri, P.S.-Karishnapuri, Patna, DistrictPatna. 5.

The State of Bihar through Additional Chief Secretary, Road Construction Department, Government of Bihar, Bailey Road, Patna. 6.

The Distirct Magistrate, Sheikhpura.

7.

The Land Acquisition Officer, Sheikhpura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Nandan Prasad, Advocate For the Respondent/s :

Mr. Manoj Kr. Ambastha, SC-26 Mr. Subodh Kumar, Ac to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-12-2023 Heard the parties including learned counsel for the NHAI.

2. The petitioner has moved the Court for the following reliefs:

"That this application is being filed for issuance of appropriate writ, order/orders, direction the respondents to shift the construction of National Highway 333A to western side of Qabristan as western side of

Patna High Court CWJC No.12057 of 2023(2) dt.04-12-2023 2/2 Qabristan is Government land and if the proposed road is shifted to the Government land, it will reduce financial burden of the Government, the Qabristan land is situated at village-Jamwara, Thana No. 196, P.S. & District-Sheikhpura, plot no. 42 & 44 measuring total area 1.37 Acres and diagram of the proposed road shows on District website that portion of Qabristan is being encroached."

3. In the opinion of this Court, this is a frivolous writ application.

4. The petitioner wants to change the alignment of the National Highway. The alignment of the National Highway cannot be changed on such flimsy ground.

5. This application is dismissed with cost.

(Sandeep Kumar, J) P. Kumar U