Bhagwat Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14081 of 2023 ====================================================== 1.

Bhagwat Prasad Son of Ramanand Prasad Resident of Village- Shaharkola, Police Station- Basantpur, District - Siwan (Bihar). 2.

Dhruv Singh, Son of Late Chirkut Singh Resident of Village- Shaharkola, Police Station- Basantpur, District - Siwan (Bihar). 3.

Ramratan Ray, Son of Late Madai Ray Resident of Village- Shaharkola, Police Station- Basantpur, District - Siwan (Bihar). 4.

Surendra Singh, Son of Shyam Bahadur Singh Resident of VillageShaharkola, Police Station- Basantpur, District - Siwan (Bihar). 5.

Yogendra Prasad, Son of Nathuni Prasad Resident of Village- Shaharkola, Police Station- Basantpur, District - Siwan (Bihar). 6.

Hari Charan Prasad, Son of Late Shivpujan Prasad Resident of VillageShaharkola, Police Station- Basantpur, District - Siwan (Bihar). 7.

Basudeo Mishra, Son of Shivnandan Mishra Resident of VillageShaharkola, Police Station- Basantpur, District - Siwan (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Government of Bihar, Patna Police Station- Sachiwalaya Police Station. 2.

The Commissioner, Commissanary Saran (Chapra) Police Station-Muffasil Chapra District Saran (Chapra).

3.

The Collector/District Magistrate, Siwan Police Station- Muffasil Siwan, District - Siwan.

4.

The District Land Acquisition Officer, Siwan, Police Station- Muffasil Siwan, District - Siwan.

5.

The Block Development Officer, Basantpur, Block- Basantpur, Police Station- Basantpur, District - Siwan.

6.

The Circle Officer, Basantpur, Anchal- Basantpur, Police Station -Basantpur District- Siwan.

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

For the Petitioners :

Mr. Umesh Kumar Singh, Advocate For the State :

Mr. Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2024

1. Heard learned counsels for the parties.

2. This writ application has been filed for directing

Patna High Court CWJC No.14081 of 2023(2) dt.03-01-2024 2/3 the respondents to correct the names of the petitioners and their fathers in the land acquisition notice sent by the District Land Acquisition Officer, Siwan. Further prayer has also been made by the petitioners for increasing the compensation amount and fix the same at the present rate along with other reliefs.

3. Learned counsel appearing on behalf of the State raises preliminary objection to the effect that the petitioners have got alternative remedy. He submits that for their first grievance to correct their names and names of their fathers, as mentioned in the notice, the petitioners ought to move before Competent Authority of Land Acquisition (respective District Land Acquisition Officer). He further submits that for their second prayer, petitioners have to move before the Arbitratorcum-Divisional Commissioner under Section 3G(5) of the National Highways Act, 1956.

4. Learned counsel for the petitioners does not dispute the above proposition.

5. In this background of the matter, this writ application is disposed of with liberty to the petitioners to move before Competent Authority of Land Acquisition and upon correction, liberty to move before Arbitrator-cum-Divisional Commissioner, Saran for their grievances, in accordance with

Patna High Court CWJC No.14081 of 2023(2) dt.03-01-2024 3/3 law.

(Prabhat Kumar Singh, J) shashank/- U