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Patna High CourtCWJC/13794/2018disposed

Nat Bihari Mandal v. The State Of Bihar And ORS

2018-08-01Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13794 of 2018 =========================================================== Nat Bihari Mandal Son of Khakasu Mandal Resident of Village- Tilakpur, P.O. Tilakpur, P.S. Sultanganj, District- Bhagalpur. .... .... Petitioner/s

Versus

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

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

3. Collector, Bhagalpur.

4. Land Acquisiton Officer, Bhagalpur.

5. Principal Secretary, Road Construction Department, Govt. of Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Navesh Nandan For the Respondent/s : Mr. Raj Ballabh Prasad Yadav- AAG11 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 01-08-2018 In the matter of construction of a National Highway being N.H.80, petitioners in this Public Interest Litigation application want the alignment of the road to go through a particular area where accusation can be avoided and are aggrieved by the accusation and construction of the National Highway in the area as is indicated in the writ petition.

The question of construction of a National Highway, its alignment and various issues connected thereto are based on expert opinion received, executive and administrative made and merely

Patna High Court CWJC No.13794 of 2018 dt.01-08-2018 2/2 because the petitioner feels that the alignment should go through a particular area, exercising our extraordinary jurisdiction in an application under Article 226 of the Constitution, we cannot make any indulgence into the matter.

The petitioners, if so advised, may approach the competent statutory authority in this behalf and it would be for the authority to consider the grievance, evaluate the issue in the backdrop of technical report and expert opinion.

With the aforesaid, we dispose of the matter. (Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date02-08-2018 Transmission Date