Shree Niwash Choudhary v. The Chairman, National Highways Authority Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.263 of 2024 ====================================================== Shree Niwash Choudhary Son of Dukha Choudhary Resident of Village Bhavnathpur, P.O.- Rannuchak Makandpur, P.S.- Akbarnagar, DistrictBhagalpur, State- Bihar. ... ... Petitioner/s

Versus

1.

The Chairman, National Highways Authority of India at G-5 and 6, Sector10, Dwarka, New Delhi- 110075. 2.

The Project Director, National Highways Authority of India, Bhagalpur. 3.

The General Manager, APCO Magadh Expressway Pvt. Ltd. Office at B-9 Vibhuti Khand, Gomtinagar, Lucknow, Uttar Pradesh, India- 226010. 4.

The Manager, (Technical National High Ways Authority of India Project Implementation Unit, Munger.

5.

Regional Manager, APCO Infratech Private Limited. 6.

The State of Bihar, through the Chief Secretary, Government of Bihar, Patna. 7.

Regional Director, National Highways Authority of India, Patna. 8.

The District Magistrate, Bhagalpur.

9.

The District Mining and Minerals Officer, Bhagalpur. 10.

Sri Vinay Pandey, the Authorised signatory APCO Infratech Private Limited, NH-80 at P.O.- Amba, P.S.- Shahkund, District- Bhagalpur. 11.

Sri Girish Talwar, Son of Sitaram Talwar APCO Infratech Private Limited B09 Vibhuti Khand Gomtinagar, Lucknow, U.P., 226010. 12.

Sri Muttabatulla Sri Niwas Rao, Son of Sri Muttabatulla APCO Infratech Private Limited B-09 Vibhuti Khand Gomtinagar, Lucknow, U.P., 226010. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Pravina Kumari, Advocate For the N.H.A.I.

:

None For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-04-2024 Heard Mrs. Pravina Kumari, learned counsel for the petitioner though no one represent the respondents.

2. The petitioner in the instant application seeks the following reliefs:-

Patna High Court CWJC No.263 of 2024(3) dt.25-04-2024 2/3 (i) For issuance of appropriate writ / writs, order/orders, direction / directions commanding the respondents authorities to pay the amount of Rs.99,75,000/- (Ninety nine lakh seventy five thousand) alongwith penal interest at the rate of 18% from the date taking soil as well as to stop the construction till the payment in respect to the land situated at.

Mauza Thana Khata Khesra Rakwa Khuli (Shahkund) 1-21 1-21 29,29 159,98 1-79.333 1-22 0-95 Total 6-38.33 Fatehpur 4-59.75 Total 10-98.08 17.569 Bigha (ii) For issuance of an appropriate writ/writs, order/orders, direction/directions to which the petitioner is entitled in accordance with law.

3. A perusal of the prayer would show that the main grievance of the petitioner is with the private respondent, the

Patna High Court CWJC No.263 of 2024(3) dt.25-04-2024 3/3 APCO Infratech Private Limited with whom he entered into agreement.

4. In that background, the petitioner seeks liberty to approach the appropriate authority/Court for the redressal of his grievance.

5. The writ petition stands disposed of granting said liberty. If such petition is preferred within four weeks from today, the concerned authority/Court shall take up the matter and dispose it of expeditiously.

(Rajiv Roy, J) Guddu/- U