Awadh Kishore Sahu @ Awadh Kishore Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13550 of 2018 ====================================================== Awadh Kishore Sahu @ Awadh Kishore Sah Son of Late Ramhari Sahu, Resident of Village- Bela Belhi, Baldiha, P.S.- Jainagar, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue & Land Reforms, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Revenue & Land Reforms, Government of Bihar, Patna.

3.

The District Magistrate, Madhubani.

4.

The Additional Collector, Madhubani.

5.

The Sub-Divisional Officer, Jainagar, Madhubani. 6.

The District Land Acquisition Officer, Madhubani. 7.

The District Land Acquisition Officer-cum-Competent Authority, Madhubani.

8.

Mediation Officer-cum-Additional Collector, Madhubani. 9.

The Executive Engineer, PIU Head NH 104, NH Division, Sitamarhi. 10.

The Circle Officer, Jaynagar, Madhubani.

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

For the Petitioner/s :

Mr. Rakesh Kumar Sinha, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan, SC-25.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-07-2023 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the National Highway Authority of India.

2. Learned counsel for the petitioner submits that during pendency of present writ petition, petitioner has received a copy of notice bearing Case No.04 of 2014-15 in which he has been informed that for the purpose of instruction of NH-104 compensation amount to the tune of Rs.11,93,402/- has been

Patna High Court CWJC No.13550 of 2018(2) dt.10-07-2023 2/3 fixed for the construction of house. He submits that the said Plot No.132 does not belongs to the petitioner. He also submits that plot of petitioner is Plot No.131 for which he has filed the present writ petition. Learned counsel submits that from the notice, it transpires that the acquisition has not been made for the land in question being Plot No.131.

3. Learned counsel for the State and National Highway Authority of India submit that in this regard, the petitioner may be directed to file representation before the District Land Acquisition Officer-cum-Competent Authority, Madhubani/ Project Officer, National Highway Authority of India, so that if any discrepancies exist in the land acquisition process relating to the petitioner's land/ house may be corrected.

4. In this background, petitioner is directed to file a representation before the District Land Acquisition Officer-cumCompetent Authority, Madhubani as well as before the Project Officer, National Highway Authority of India explaining all his grievances.

5. The District Land Acquisition Officer-cumCompetent Authority, Madhubani as well as the Project Officer, National Highway Authority of India are directed to pass reasoned and speaking order after according opportunity to the

Patna High Court CWJC No.13550 of 2018(2) dt.10-07-2023 3/3 petitioner within six weeks from the date of filing of representation by the petitioner.

6. With this observation and direction, the present Writ Petition stands disposed off.

(Dr. Anshuman, J.) Ritik/- U