Nirmala Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21912 of 2019 ====================================================== 1.

Nirmala Jha W/o Rabindra Jha Resident of 43 Jha Niwas, Yamuna Path, New Area, Nawada, Gondapur, P.S.- Nawada, District- Nawada. 2.

Dinesh Singh S/o Chandrika Singh 3.

Kamla Sharma @ Kamla Devi W/o Suresh Sharma Both Residents of Village- Bhadaseni, Post- Bhadaseni, P.S.- Hisua, DistrictNawada, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Divisional Commissioner, Magadh Commissioner Office, Gaya. 3.

The District Magistrate-cum- Collector, District- Nawada, Bihar. 4.

The Additional Collector, District- Nawada, Bihar. 5.

The Deputy Collector, Land Reforms, Sub- Division- Nawada, DistrictNawada, Bihar. 6.

The Land Acquisition Officer, Nawada, District- Nawada. 7.

The Circle Officer, Hisua, District- Nawada.

8.

The Project Director, N.H.A.I., Nawada.

9.

National Highway Authority of India, through its Chairman, New Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar Jha Mr.Roshan Kumar Mishra For the Respondent/s :

Mr.Raj Kishore Roy (GP18) Mr. Abhay Kumar Kashyap, A.C. to G.P.18 For the N.H.A.I. : Mr. S.N.Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-11-2019 Heard both sides.

The petitioners seek direction to the Collector to dispose of their representation pending before him. Learned counsel for the petitioners submits that lands of Plot Nos.2210 and 2208 of Khata No.403 were acquired for construction and widening of N.H.82 vide notification as

Patna High Court CWJC No.21912 of 2019(2) dt.07-11-2019 2/2 contained in S.O.454(E) dated 18.02.2014. The competent authority under the Act initiated process for acquisition of land under Section 3 of N.H.A.I. Act. The petitioners have purchased the land in the year 1989 from the recorded tenant but the land remained recorded in the name of family members of vendor of the petitioners and the award was prepared in the name of family members of the vendor of the petitioners. The petitioners filed petition before the Collector and the same is pending. Having considered the submissions and the fact that petitioners had already purchased the land from their vendor in whose name the land remained recorded and the award was prepared but the petitioners filed petition which is still pending before the Collector.

I dispose of this writ petition with a direction to the Collector/Land Acquisition Authority to pass order in accordance with law on the petition of the petitioners within four months from the date of receipt of this order. With this observation, this writ petition is disposed of.