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Patna High CourtCWJC/8906/2016disposed

Manohar Rai And ORS v. The State Of Bihar And ORS

2019-02-26Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8906 of 2016 ====================================================== 1.

Manohar Rai Son of Late Sukhdeo Rai Resident of Village Ishakchak, P.S. Ishakchak, District - Bhagalpur.

2.

Vinaya Kumar @ Vinay Kumar Son of Late Kunkun Mandal Resident of Mohalla - Barari, P.S. - Barari, District - Bhagalpur. 3.

Anupma Kumari Son of Sri Rama Swaroop Mandal Resident of Village - Barari, P.S. Barari, District - Bhagalpur.

4.

Veena Devi Mother of late Amit Kumar wife of Sri Ram Swaroop Mandal Resident of Mohalla - Barari, P.S. - Barari, District - Bhagalpur. 5.

Ranjeet Panjiyara Son of Harihar Panjiyara Resident of Village - Jagdishpur, P.S. Jagdishpur, District - Bhagalpur.

6.

Narayan Mandal @ Narayan Kumar Mandal Son of Chaurasi Prasad Mandal Resident of Village - Barari, P.S. Barari, District - Bhagalpur. 7.

Anand Roy Son of Late Sukdeo Roy Resident of Village Ishakchak, P.S. Ishakchak, District - Bhagalpur.

8.

Rajdeo Rai Son of late Sukdeo Rai Resident of Village Ishakchak, P.S. Ishakchak, District - Bhagalpur.

9.

Pankaj Kumar Ghosh Son of Ram Chandra Ghosh Resident of Village - Makarpur, P.S. - Sanhoulla, District - Bhagalpur. 10.

Rakesh Kumar Mandal Son of late Sukhdeo Mandal Resident of Mohalla - Ishakchak, P.S. Ishakchak, District - Bhagalpur. 11.

Gautam Kumar Sinha Son of Ramnath Sinha Resident of Village - Sujapur, P.S. Nath Nagar, District - Bhagalpur.

12.

Tarun Kumar Ghosh Son of Ram Chandra Ghosh Resident of Village - Makarpur, P.S. - Sanhoulla, District - Bhagalpur. 13.

Akhilendra Kumar Son of Sri Dayanath Sah Resident of Mohalla - C.C.M. Road, Aadampur, District - Bhagalpur.

14.

Vikash Kumar Arya Son of Sri Dayanath Sah Resident of Mohalla - C.C.M. Road, Aadampur, District - Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commissioner, Bhagalpur.

3.

The District Magistrate, Bhagalpur.

4.

The Land Acquisition Officer, Bhagalpur.

5.

The National Highway Authority, Bhagalpur.

6.

The Circle Officer, Jagdishpur, Bhagalpur.

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

Patna High Court CWJC No.8906 of 2016(3) dt.26-02-2019 2/3 For the Petitioner/s :

Mr.Rajive Ranjan Singh For the State :

Mr. U.B,.Singh, AC to G.P.19 For NHAI :

Mr. S.N.Pathak ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-02-2019 Following is the relief, which the petitioner is seeking:- "(i) For direction to the Respondents to pay compensation against the acquired land for the purpose of national highway.

(ii) For direction to the Respondents to pay compensation in current market rate valuation against the acquired land.

(iii) For direction to the respondents to pay penal interest on the current valuation rate against the acquired land."

Learned counsel for the petitioners is unaware as to under what provision of law the lands have been acquired. It is difficult for this Court to record any finding and grant any relief on the basis of inadequate pleading on record. Since I did not have opportunity to examine the correctness of the claim of the petitioners on merit, the petitioners shall be at liberty to approach the competent forum for redressal of their grievance(s), in accordance with law, if permissible.

Patna High Court CWJC No.8906 of 2016(3) dt.26-02-2019 3/3 This writ application is disposed of with the observation, as above.

(Chakradhari Sharan Singh, J) HR/- U