Nagendra Prasad Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11871 of 2014 Along with Interlocutory Application No. 9126 of 2014 Along with Interlocutory Application No. 7802 of 2015 =========================================================== Nagendra Prasad Singh, son of Late Ram Chandra Prasad Singh, resident of village- Mahuri, P.S.- Nalanda, District- Nalanda .... .... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Nalanda, Biharsharif
2. The District Land Acquisition Officer-cum- competent authority, Nalanda (Biharsharif)
3. The Deputy General Manager (Technical) Bihar State Road Development, Corporation Limited, Pariyojna Karyanawan Ikai, Rojgir, District- Nalanda.
4. Shivdani Singh S/O late Bachchan Singh @ Bachchu Singh.
5. Yogendra Pd Singh, S/o late Ram Anugrah Singh @Anugrah Singh
6. Santosh Kumar, S/o late Umesh Kumar
7. Awadhesh Singh S/o late Tunni Singh @Tunni lal Singh.
8. Ashok Giri, S/o Dina Nath Giri.
All 4 to 8 resident of village mahuri P.S. Silaw Dist Nalanda. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate. For the BSRDC Ltd : Mr. Vikash Kumar, Advocate.
For the State : Mr. Ajay Behari Singh, G.A 8.
Mr. Upendra Kumar Singh, AC to G.A 8.
For the Intervenor : Mr. Arbind Kumar Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 12-01-2017 Heard learned counsel for the parties.
Re. : Interlocutory Application No. 9126 of 2014 The Interlocutory Application has been filed on behalf of Shivdani Singh and four others for being added as respondents in the
2/4 writ petition.
Learned counsel for the intervenor applicants submitted that the land for which compensation has been sought by the writ petitioner belongs to them and the same has also been mutated and their names are in the gazette also, but without making them party the writ application has been filed.
Learned counsel for the petitioner submitted that the names of the intervenor applicants have wrongly been mentioned in the gazette for which he has already filed an application for correction which is pending.
Having considered the matter, the prayer is allowed. The applicants of I.A. No. 9126 of 2014 be made respondents no. 4 to 8 in the writ application.
Learned counsel for the intervenor applicants shall make necessary correction in the cause title of the writ application during the course of the day.
Interlocutory Application No. 9126 of 2014 stands disposed off.
Re. : Interlocutory Application No. 7802 of 2015 The Interlocutory Application has been filed on behalf of Richa Kumari for being added as respondent in the writ petition. Learned counsel for the intervenor applicant submitted
3/4 that the land for which compensation has been sought by the writ petitioner belongs to her and the same has also been mutated and her name is there in the gazette also, but without making her party the writ application has been filed.
Learned counsel for the petitioner submitted that the name of the intervenor applicant has wrongly been mentioned in the gazette for which he has already filed an application for correction which is pending.
Having considered the matter, the prayer is allowed. The applicants of I.A. No. 7802 of 2015 be made respondent no. 9 in the writ application.
Interlocutory Application No. 7802 of 2015 stands disposed off.
Re. : Civil Writ Jurisdiction Case No. 11871 of 2014 The present writ application has been filed seeking disposal of the application filed by the petitioner on 13.06.2014 before the respondent no. 2.
A counter affidavit has been filed on behalf of the respondent no. 3 today in which it has been stated that the matter has been referred to the Special Land Acquisition Judge, Nalanda under Section 13 of the Land Acquisition Act as dispute has cropped up regarding the title of the lands in question.
4/4 Having regard to the aforesaid, the writ application stands disposed off with liberty to the petitioner as well as the newly added private respondents to move before the Special Land Acquisition Judge, Nalanda where the matter is pending. If the same is done within three weeks from today, the Special Land Acquisition Judge, Nalanda shall hear the parties concerned and then decide the matter, in accordance with law, expeditiously.
(Ahsanuddin Amanullah, J) Prakash/- AFR/NAFR U