Md. Qadir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17174 of 2024 ====================================================== Md. Qadir Son of Abdul Rashid @ Abdur Rashid, Resident of Village - Banbhag, Tola - Kolah Toli, Ward No. 12, Nagar Panchayat Amour, at P.O. and P.S.- Amour, District- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna - 800001.

2.

Principal Secretary, Road Construction Department, Govt. of Bihar, Patna, Pin Code- 800001.

3.

Director Road Construction Department (RCD), Govt. of Bihar, Patna, Pin Code - 800001.

4.

Engineer-in-Chief Head Quarters Road Construction Department (RCD), Govt. of Bihar, Patna, Pin Code- 800001.

5.

Chief Engineer Road Construction Department (RCD), North Bihar range Patna, Patna Code- 800001.

6.

Superintending Engineer (SE) Road Construction Department (RCD), Road Circle Purnea.

7.

Executive Engineer Road Construction Department (RCD), Purnea. 8.

Collector, Purnea.

9.

District Land Acquisition Officer, Purnea.

10.

Sub Divisional Officer Baisi, District - Purnea. 11.

Circle Officer (Anchal Adhikari) Amour, District - Purnea. 12.

M/S SRE KAMAC (JV) Construction Company for State Highway (SH-99) running from NH- 31 crossing at Baisi, District- Purnea to Dighal Bank, District Kishanganj.

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

For the Petitioner/s :

Mr. Shabbir Ahmad For the Respondent/s :

A.C. to GA- 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned AC to Government Advocate No. 13.

2. The Court finds no merit in the writ application and thus it is dismissed for the reasons recorded hereinbelow:

Patna High Court CWJC No.17174 of 2024(2) dt.13-11-2024 2/2

3. The instant writ application has been filed seeking a direction upon the respondents to pay fair compensation to the petitioner for their land taken for construction of State Highway (SH-99) running form N.H.-31 at Baisi Crossing in the district of Purnea to Dighal Bank in the district of Kishanganj.

4. On query of the Court from the learned counsel for the petitioner that since it has been pleaded in the prayer portion that the land has been acquired for construction of the State Highway (SH-99) but the notification is not on record on which the learned counsel for the petitioner submits that the land has not been acquired but has been forcefully taken by the authorities for constructing a road but then there is no pleading to that effect in the writ application. The pleadings are confused, as such, this Court is not inclined to entertain the writ application.

5. Accordingly, the writ application stands dismissed.

6. However, the same would not preclude the petitioner from filing a fresh writ application with proper pleading.

(Satyavrat Verma, J) Ranjeet/- U