Eidgah Intezamia Committee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16156 of 2022 ====================================================== Eidgah Intezamia Committee Inarwa Bazar, Mainatand, West Champaran through its Secretary namely Neshar Hussain Ansari (M) aged about - 34 years, Son of Sarajul Ansari, resident of Village - Inarwa, P.O. and P.S. - Inarwa, Anchal - Mainatand, District - West Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2.
The Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna.
3.
The Additional Chief Secretary, Department of Land Acquisition and Land Revenue, Government of Bihar, Patna.
4.
The District Collector, West Champaran, Bettiah. 5.
The District Land Acquisition Officer, West Champaran, Bettiah. 6.
The Sub Divisional Officer, Narkatiaganj, West Champaran. 7.
The Anchal Adhikari, Mainatand, West Champaran. 8.
The Executive Engineer-National Highway, Border Road Construction Division, Government of India-Road Project Indo Nepal Border Road 77. 9.
The Project In-charge-National Highway, Border Road Construction Division, Government of India, Road Project Indo Nepal Border Road 77. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar, Adv.
For the Respondent/s :
Mr.Rishi Raj Sinha ( Sc 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-06-2023 The present writ petition has been filed seeking the following reliefs:- "(i) To direct the respondent to stay the construction of road project of National High way, "Indo-Nepal Border 77" passing through "Eidgah" Situated at village -Inarwa. Thana no-246, Anchal- Mainatand District-West Champaran.
Patna High Court CWJC No.16156 of 2022(2) dt.20-06-2023 2/3 (ii) For issuance of another writ in nature of mandamus commanding the respondents to do not take any step regarding the acquisition of the land of the Eidgah beyond/in excess of the area specified notice under section 21 (2) of Act 30/2013.
(iii) And to acquire another land situated just adjacent to the land in question. The said adjacent lands are vacant while the land in question is a Prayer Place as well as Madarsa' since 1954 popularly known as "Eidgah' which is presently running there and in the said 'Madarsa' several orphan children belonging from the minority and weaker section of the society have got shelter of living over their head and are also getting their education.
(iv) For issuance of an order/direction upon the respondent/Authority to immediately stay and in the illegal demolition, direct the respondent authorities to make compliance of notice under section 21 (2) of Act 30/2013 dated 05.11.19, make payment of Compensation for the area of 0.07 Dec which has been acquired and to construct the Building of Eidgah which has been
Patna High Court CWJC No.16156 of 2022(2) dt.20-06-2023 3/3 illegally demolished by the respondent authorities."
At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of the aforesaid grievances. Liberty so sought is granted.
The writ petition stands dismissed as not pressed.
(Mohit Kumar Shah, J) sonal/- U