Birendra Singh v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17678 of 2022 ====================================================== 1.
Birendra Singh Son of Rameshwar Singh, Resident of Village - Pakri Tola Pakri Bangali, Gaushalaroad, P.S. - Siwan, District - Siwan. 2.
Rajendra Singh, Son of Rameshwar Singh, Resident of Village - Pakri Tola Pakri Bangali, Gaushalaroad, P.S. - Siwan, District - Siwan. ... ... Petitioner/s
Versus
1.
The Union of India through the Ministry of Road Transportation and National Highway, Government of India, New Delhi. 2.
The State of Bihar through the Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna. 3.
The Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna.
4.
The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
5.
The Commissioner, Saran Division, Saran.
6.
The District Magistrate, Siwan.
7.
The District Sub-Registrar, District Sub-Registry Office, Siwan. 8.
That Land Acquisition Officer, Siwan.
9.
The General Manager/Director, National Highway Authority of India, Ministry of Road Transport and Highway (MORTH) Government of India. 10.
The Appropriate Officer, Project Implementation Unit, National Highway Authority of India, National Highway Authority of India, Chapra. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar, Advocate For the Respondent/s :
Birendra Prasad Singh, AC to SC-19 For the UOI :
Dr. Priya Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner, State as also learned counsel for the Union of India.
2. The present writ has been preferred for the following reliefs:- (i) for issuance of Direction to the
Patna High Court CWJC No.17678 of 2022(2) dt.13-03-2024 2/3 Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna to take final decision on the request of the District Magistrate, Siwan written vide Letter to the vide Letter No. 13 dated 26.04.2018 whereby he sought instruction about consideration of the land of the village Pakri Bangali under the category of DIH, wherein the District Magistrate, Siwan has admitted that the District Sub Registrar, Siwan provided MVR and details of Registration of three years which reveal that all the lands were registered under the category of DIH;
(ii) for issuance of direction to the Competent Officer - Cum- Land Acquisition Officer, Siwan to consider the application dated 30.06.2020 submitted by the petitioners and pay the compensation to the petitioners for their land acquired for the purpose of widening of NH 85 at the rate and category of land registered in the Registry Office, Siwan since 2009 till date which clearly reveals that all the lands of Mauza- Pakri Bangali, P.S. No. 247, were registered under Dih
Patna High Court CWJC No.17678 of 2022(2) dt.13-03-2024 3/3 Basgeet Category.
3. Learned counsel for the petitioner submits that on 30.06.2000, he has preferred a representation before the respondent no. 8, The Land Acquisition Officer, Siwan (Annexure-10 to the petition) and the same has still not been disposed of.
4. It is unfortunate that even for the disposal of a representation/application, the citizen has to approach the Patna High Court in writ jurisdiction.
5. In that circumstance, instead of asking the respondents to file the reply on the reason for non-disposal of representation, it would be appropriate that the respondent no. 8, the Land Acquisition Officer, Siwan is directed to take immediate step and dispose of the representation of the petitioner dated 30.06.2000 (Annexure-10 to the petition), if still is not disposed of, within a period of four weeks from the receipt/production of a copy of this order.
6. The C.W.J.C. No. 17678 of 2022 stands disposed of.
(Rajiv Roy, J) Jagdish/- U