Mahesh Prasad Gupta v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14816 of 2025 ====================================================== Mahesh Prasad Gupta S/o Munshi Prasad, r/o village, PO and PS Parsa Bazar, District Patna.

... ... Petitioner/s

Versus

1.

The Union Of India Through The Secretary, Ministry Of Road, Transport and Highways, having its Regional Office at D-63 Basant Bihar Colony Sri Krishnapuri, Patna.

2.

The Deputy Secretary, Transport And Highways, Government of India, New Delhi Ministry of Road, Transport And Highways, Government of India, New Delhi.

3.

The National Highway Authority Of India Through it s Chairman-CumSecretary, Ministry of Shipping, Road Transport And Highways, Government of India, New Delhi 4.

The Project Director, National Highway Authority of India, Patna. 5.

The State of Bihar Principal Secretary land and revenue department, Government of Bihar, Patna.

6.

The Principal Secretary land and revenue department, Government of Bihar, Patna.

7.

The District Magistrate, Patna.

8.

The District Land Acquisition Officer, District Patna. 9.

That Additional Collector Patna.

10.

The Deputy Collector Land Records, Patna.

11.

The Circle Officer, Circle Parsa, District Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Kant, Advocate Mr. Navin Kumar, Advocate Mr. Sudhanshu Prakash, Advocate For the Respondent/s :

Mr. Manoj Kumar Yadav, AC to GP-10 For the NHAI :

Mr. Rajesh Kumar Shandilya, Advocate Ms. Ankita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard the parties.

2. The present petition has been preferred for the following relief(s):

Patna High Court CWJC No.14816 of 2025(2) dt.23-09-2025 2/3 "I. For issuance of writ of mandamus directing respondent no. 7 to pay the land compensation amount of award no 23 and 4 as per the market value of the land/property to the petitioner, for the land and triple story building which have been acquired by the respondents for construction of elevated corridor from Mithapur to Ram Govind Singh Halt.

II. For issuance of writ of mandamus directing respondents to make payment of award amount to the petitioner on the basis of the rate prevailing at the time of acquisition not on the basis of old MVR.

III. For issuance of any other appropriate writ\writs, order\orders, direction directions, for which petitioner may deemed entitled under the fact and circumstance of the case.

3. Learned State counsel, Mr. Manoj Kumar Yadav, AC to GA-10 pointed out that for almost same cause of action, the petitioner has preferred CWJC No. 498 of 2025 (Mahesh Prasad Gupta vs. The Union of India & Ors.) which was heard

Patna High Court CWJC No.14816 of 2025(2) dt.23-09-2025 3/3 by a Coordinate Bench twice on 27.01.2025 and 30.01.2025. The same is presently pending and in between, the fresh writ petition.

4. At this Stage, learned counsel for the petitioner, Mr. Chandra Kant submits that he may be permitted to withdraw the second writ petition with liberty to raise all the points/developments that happened after filing of CWJC No. 498 of 2025 in the said writ petition.

5. Granting said liberty, the writ petition stands dismissed as withdrawn.

(Rajiv Roy, J) Adnan/- U