Niranand Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14213 of 2023 ====================================================== 1.

Niranand Ray Son of Late Ram Punit Ray, Resident of Village and Post - Chirout, P.S. Chirout, District - Sitamarhi.

2.

Raju Kumar Ray, Son of Late Ram Punit Ray, Resident of Village and Post - Chirout, P.S. Chirout, District - Sitamarhi.

3.

Ram Bahadur Ray, Son of Late Ram Sudhith Ray, Resident of Village and Post - Chirout, P.S. Chirout, District - Sitamarhi. 4.

Ram Kumar Ray, Son of Late Ram Sudhit Rai, Resident of Village and Post - Chirout, P.S. Chirout, District - Sitamarhi. 5.

Most. Sunita Devi, W/o Late Ram Lalit Rai, Resident of Village and Post - Chirout, P.S. Chirout, District - Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary-Revenue and Land Reforms Department cum Director, Land Acquisition, Bihar, Patna. 2.

The Project Director, National Highway Authority of India. Ministry of Road Transport and Highway Project Implementation Unit, Muzaffarpur/Darbhanga.

3.

The Divisional Commissioner, Tirhut Division Muzaffarpur. 4.

The Collector, Sitamarhi.

5.

The Additional Collector, Sitamarhi.

6.

The District Land Acquisition Officer, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Sinha, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam, A.A.G.-12 For the N.H.A.I.

:

Mr. Maurya Vijay Chandra, Advocate Ms. Ankita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-03-2024 Heard the parties.

2. The present petition has been preferred for: the issuance of appropriate order/orders, direction/directions including writ preferably in the nature of MANDAMUS commanding and directing the respondents to make payment of compensation

Patna High Court CWJC No.14213 of 2023(4) dt.28-03-2024 2/2 of the acquired land of the petitioner as per the market value appertaining to Khata No. 1415, Khesra no. 15487, 15506 and 15507 having an area of 23 decimals, 7 decimals and 6 decimals respectively situate at Village Chirout, Thana No. 65, Anchal and P.S. Chirout, District- Sitamarhi (Bihar) for the construction and widening of the National Highway no. 527 C (Majhouli -Chirout) in the district of Sitamarhi has also quash the order of Divisional Commissioner, Muzaffarpur passed on 25.04.2023 in arbitration appeal no. 43 of 2019 without considering the case of the petitioner.

3. It has been jointly agreed between the parties that if aggrieved, the matter can be agitated before the competent Civil Court.

4. The writ petition stands disposed of granting liberty to the petitioner to approach the appropriate Civil Court.

5. Since the matter was pending before this Court, if the petition is preferred within four weeks from today, the Court concerned shall take into account the same while disposing of the limitation petition filed with the original petition. (Rajiv Roy, J) Neha/- U