Faiyaz Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14862 of 2022 ====================================================== 1.

Faiyaz Ahmad Son of Late Wazeeh Ahmad, resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria.

2.

Aiyaaz Ahmad @ Md. Aiyaaz Amad Son of Late Wazeeh Ahmad resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria. 3.

Istekhar Ahmad Son of Akeel Ahmad resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria.

4.

Niyaz Ahmad Son of Akeel Ahmad resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria.

5.

Ehsan Ahmad Son of Akeel Ahmad, resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria.

Parwez Ahmad, Son of Akeel Ahmad, resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria.

7.

Shakeel Ahmad Son of Late Wozeeh Ahmad, resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria.

8.

Md. Ansar Ahmad @ Ansar Ahmad Son of Late Mumtaz Ahmad, resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria. 9.

Md. Nisar Ahmad @ Nisar Ahmad Son of Late Mumtaz Ahmad, resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria. 10.

Md. Afsar Ahmad @ Afsar Ahmad Son of Late Mumtaz Ahmad resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria. 11.

Md. Tusar Ahmad @ Tusar Ahmad, Son of Late Mumtaz Ahmad, resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria. 12.

Md. Manzar Alam @ Manzar Son of Late Mumtaz Ahmad resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria. 13.

Asfaque @ Asfaque Ahmad Son of Late Wodi Ahmad resident of VillageAmoun, P.S. Forbesganj (Jogbani), District- Araria. 14.

Firoz @ Md. Firoz Son of Mushtaque resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria.

15.

Jawed @ Jawed Ahmad Son of Mushtaque, resident of Village- Amoun, P.S. Forbesganj (Jogbani), District- Araria.

... ... Petitioners

Versus

1.

The State of Bihar.

2.

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

3.

The Collector, District- Araria.

4.

The Land Acquisition Officer, District- Araria. 5.

National Highway Authority of India through Project Director, NH 57 A.

Patna High Court CWJC No.14862 of 2022(4) dt.02-09-2024 2/3 Mohd. Azamtullah, Son of late Samutullah, Resident of Village- Amona, P.S. Jogbani, District-Araria.

7.

Nasrulaha Son of late Salimullah, Resident of Village- Amona, P.S. Jogbani, District-Araria.

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

For the Petitioners :

Mr. Bidhanesh Misra, Advocate For the Respondents :

Mr. Rajesh Kumar Shandilya, Advocate Mr. Vinayak Harshvardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-09-2024 Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the respondents. 2.

The present writ petition has been filed for the following reliefs:

(i) For directing the respondents authorities to pay the due compensation amount that has been assessed by the respondents for the lands of petitioners they have acquired for widening of N.H. 57 A.

(ii) For also directing the respondents to make payment of suitable amount of penal and statutory interest over the said compensation amount.

3.

Learned counsel for the petitioners submits that the land in question has been acquired by the concerned respondent State for widening of road.

4.

Learned counsel for the petitioners submits that in view of the stand taken by the respondent State in paragraph no. 9 of their counter-affidavit, the writ petition may be disposed of with a direction to the petitioners to approach the competent

Patna High Court CWJC No.14862 of 2022(4) dt.02-09-2024 3/3 Civil Court as the competent authority has passed the final order with a direction to deposit the compensation amount as per Section 3G (5) of The National Highways Act, 1956. 5.

Learned counsel for the petitioners submits that petitioners may move before the competent Civil Court within a period of four weeks, and if the petitioners move before the competent Civil Court within the aforesaid period, the principal Civil Court, Araria is directed to dispose of the application of the petitioners in accordance with law within a period of six months from the date of filing of such application. Accordingly, with the aforesaid direction, the writ petition stands disposed of.

(Rajesh Kumar Verma, J) Shahnawaz/- U