Dayanidhi Ray v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1321 of 2024 ====================================================== Dayanidhi Ray son of Saheb Ray, resident of Chandpur, Police Station-Patori, Village- District-Samastipur.
... ... Petitioner/s
Versus
1.
The Union of India through Secretary, Ministry of Road Transport and Highways, Government of India, R. No. 310, Transport Bhawan, 1, Parliament Street, New Delhi-110001.
2.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 3.
The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
4.
The Additional Chief Secretary, Road Construction Department, (Road Transport and Highways), Government of Bihar, Patna. 5.
The Chief Engineer, N.H. Wing (North), Patna. 6.
The District Magistrate, District- Samastipur. 7.
The Executive Engineer, R.C.D. (N.H. 122,B), N.H. Division, Bihar Sharif, Nalanda.
8.
The Executive Engineer, N.H. Division, Gulzarbagh, Patna. 9.
The District Land Acquisition Officer, District-Samastipur. 10.
The Sub-Divisional Officer, Patori, District-Samastipur. 11.
The Circle Officer, Patori, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh, Advocate For the Respondent/s :
Mr. Girja Shankar Prasad (CGC) Mr. Shashank Shekher, Advocate For the NHAI :
Maurya Vijay Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner, State as also learned counsel appearing on behalf of the NHAI. The present writ petition has been preferred for: for issuance of an appropriate writ in the nature Mandamus or any other order/orders, command/commands of
Patna High Court CWJC No.1321 of 2024(2) dt.25-04-2024 2/3 writ/writs, direction/directions, for directing the respondents to make suitable award for the land of the petitioners which has been demarcated without notice appertaining to Khata No. 174, Khesra No. 526 and 1011 , Thana No. 214 and 2015, Area 0.025 and 2 decimals, under N.H. 122b demarcated in Revenue Village Hetanpur under Patori SubDivision, District-Samastipur.
3. At the outset, Mr. Maurya Vijay Chandra, learned counsel for the NHAI submits that the road does not belongs to NHAI.
4. Learned counsel for the petitioner submits that he has come with a simple prayer, to direct the District Land Acquisition Officer, Samastipur to decide his representation dated 03.02.2023 pending before the said authority (Annexure6 series).
5. Learned counsel for the State submits that if such representation has been preferred and as would reflect from the receipt dated 03.02.2023, the same has to be taken to its logical conclusion.
6. In that background, the writ petition stands disposed of directing the respondent no. 9 (the District Land Acquisition Officer, Samastipur) to decide the representation of
Patna High Court CWJC No.1321 of 2024(2) dt.25-04-2024 3/3 the petitioner immediately, if not decided, preferably within a period of four months from the date of receipt/production of a copy of this order.
(Rajiv Roy, J) Jagdish/- U