Bhanu Udai Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17073 of 2019 ====================================================== 1.

Bhanu Udai Prasad Son of Late Gopal Krishna Prasad Resident of Village Bakatpur (Jat Dumri), P.S. Punpun, District- Patna, Present residing at mohalla Marpasauna, P.S. and District- Sheikhpura. 2.

Kumud Kumar Son of Late Gopal Krishna Prasad Resident of village Bakatpur (Jat Dumri), P.S. Punpun, District Patna, present residing at Nayagaon Jamalpur, P.S. Jamalpur District Munger. 3.

Umesh Kumar Prasad Son of Late Gopal Krishna Prasad Resident of village Bakatpur (Jat Dumri), P.S. Punpun, District Patna, at present residing near Harisama School Nayagaon, P.S.- Jamalpur, district Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Collector, Patna, district Patna. 2.

The Collector Patna, District Patna.

3.

The District Land Acquisition Officer Patna District Patna Regional Office, National Highway Authority of India, D- 63 (1st Floor) Rajesh Kumar Path, Srikrishnapuri, P.S. Krishnapuri, District- Patna. 4.

The Additional Land Acquisition Officer Patna, District Patna. 5.

The Land Reforms Deputy Collector Masaurhi, district Patna. 6.

The Circle Officer Punpun, District- Patna.

7.

The Regional Officer Regional Highway Authority of India D-63 (1st Floor) Rajesh Kumar Path, P.S.- Krishnapuri, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Prasad Singh For the State :

Mr.Raj Kishore Roy ( GP18 ) Mr. Abhay Kr. Kashyap, AC to GP 18 For the NHAI : Mr. S. N. Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2019 Heard the learned counsel for the petitioners and the learned counsel for the respondents.

The learned counsel for the petitioners submits that by notification, as contained in Annexure-4, the lands of the petitioners bearing Khata No. 03/09, Khesra No. 745/758, area 27 decimal/ 44 1⁄2 decimals, were acquired for construction of

Patna High Court CWJC No.17073 of 2019(2) dt.21-08-2019 2/2 N.H.-83 but the petitioners did not get any compensation. The learned counsel for the petitioners submits that petitioners were not aware about the notification and the petitioners filed petition before the Public Information Officer-cum- Additional District Land Acquisition Officer, Patna who reported that nature of land is Bakast Malik and unless the record of rights is corrected the petitioners are not entitled to get any compensation. Thereafter, the petitioners filed petition before the Deputy Collector Land Reforms (DCLR), Masaurhi for correction of record of rights on 11.07.2019.

The learned counsel for the petitioners seeks permission to withdraw the writ petition with a liberty to pursue the case for correction of record of rights before the DCLR, Masaurhi.

The prayer is allowed.

This writ petition is disposed as withdrawn with liberty to the petitioners to pursue the matter before the DCLR, Masaurhi for correction of record of rights.

(Prabhat Kumar Jha, J) BKS/- U