Md. Sabbir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.29 of 2023 ====================================================== 1.

Md. Sabbir Alam Son of Late Md. Khaliluddin, Resident of VillagePaharpur Bazar, Simri Bakhtiyarpur, P.S.- Bakhtiyarpur, District- Saharsa. 2.

Md. Ebrahim, Son of Wasimuddin, Resident of Village- Paharpur Bazar, Simri Bakhtiyarpur, P.S.- Bakhtiyarpur, District- Saharsa. 3.

Mustak Alam, Son of Late Salimuddin, Resident of Village- Paharpur, Ward No. 3, P.S.- Bakhtiyarpur, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Acquisition Department, Bihar, Patna.

2.

The Principal Secretary, National Highway Department, Bihar, Patna. 3.

The Collector cum District Magistrate, Saharsa. 4.

The District Land Acquisition Officer, Saharsa, P.S. and District- Saharsa. 5.

The Executive Engineer National Highway, Division Saharsa, P.S. and District- Saharsa.

6.

The Sub- Divisional Officer Simri- Bakhtiyarpur, P.S.- Bakhtiyarpur, District- Saharsa.

7.

The Circle Officer, Simri Bakhtiyarpur Circle, P.S.- Bakhtiyarpur, DistrictSaharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratan Kumar, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam, AAG-12.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-06-2023 Heard Learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed with a prayer to vacate the petitioners land bearing Khata No.11, Khesra No.859 & 869, total area 10 decimal equivalent to two katha and five dhurs situated in Paharpur Mauza Simri

Patna High Court CWJC No.29 of 2023(2) dt.19-06-2023 2/3 Bakhtiyarpur under Saharsa District which has been utilized by the respondent for the construction of National Highway 107 passing through Sonbarsa Raj to Simri Bakhtiyarpur Paharpur under Bakhtiyarpur Police Station, District Saharsa.

3. Counsel for the petitioners categorically mentioned in paragraph no.8 of the writ petition that petitioners have filed representation before the authorities on 07.06.2022 but till date nothing has been done.

4. From the record it transpires that no representation has been annexed. Upon specific query from the counsel for the petitioners about the same, he submits that his clients do not possess the copy of representation.

5. In this background, counsel for the State submits that the matter is related to National Highway Authorities, therefore, petitioners may be directed to file fresh representation before the authorities for their grievances.

6. In this view of the matter, petitioners are directed to file fresh representation before the authorities concerned mentioning all the details and proof of their title with regard to the land in question within one month from the date of passing of this order and authorities are directed to pass appropriate order in this matter within six weeks thereafter.

Patna High Court CWJC No.29 of 2023(2) dt.19-06-2023 3/3

7. With the direction, the present Writ Petition stands disposed off.

(Dr. Anshuman, J.) ritik/- U