Arun Kumar Ray v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.728 of 2024 ====================================================== 1.

Arun Kumar Ray Son of Hari Roy, Resident of Village- Hetanpur, Police Station-Patori, District- Samastipur.

2.

Devendra Prasad Rai, Son of Late Siyalal Rai resident of Village- Naya Tola Hasanpur, Post Office- Hasanpur Juned, Police Station- Mahnar, DistrictVaishali. ... ... 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. Vishal Ranjan (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

Patna High Court CWJC No.728 of 2024(2) dt.25-04-2024 2/3 writ in the nature Mandamus ΟΙ any other order/orders, command/commands of 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. 601, Thana No.

215, Area 10 Decimals, under N.H. 122b demarcated in Revenue Village Hetanpur under Patori Sub-Division, DistrictSamastipur.

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 24.02.2022 pending before the said authority since long (Annexure-4 series).

5. Learned counsel for the State submits that if such representation has been preferred and as would reflect from the receipt dated 24.02.2023, the same has to be taken to its logical conclusion.

6. In that background, the writ petition stands

Patna High Court CWJC No.728 of 2024(2) dt.25-04-2024 3/3 disposed of directing the respondent no. 9 (the District Land Acquisition Officer, Samastipur) to decide the representation of 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