Jai Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1545 of 2024 ====================================================== 1.

Jai Prakash Yadav Son of Late Bangali Yadav, Resident of Mohalla - Murliganj, Ward No. 12, P.S. - Murliganj, District - Madhepura. 2.

Mohd. Qaiyem, Son of Md. Majeed, Resident of Ward No. 01, Murliganj, P.S. - Murliganj, District - Madhepura 3.

Ranju Khatoon Wife of Md. Taiyab Resident of Mohalla - Murliganj, Nagar Panchayat, Ward No. 01, P.S.- Murliganj, District - Madhepura. 4.

Aasmina Khatton @ Aasmina Wife of Md. Shamsher Resident of Mohalla - Murliganj, Nagar Panchayat, Ward No. 01, P.S.- Murliganj, District - Madhepura.

5.

Rabina Khatoon Wife of Md. Ruksar Resident of Mohalla - Murliganj, Nagar Panchayat, Ward No. 01, P.S.- Murliganj, District - Madhepura. 6.

Runa Khatoon Wife of Md. Naushad, Resident of Mohalla - Murliganj, Nagar Panchayat, Ward No. 01, P.S.- Murliganj, District - Madhepura. 7.

Julekha Khatoon Wife of Md. Mansoor Alam Resident of Mohalla - Murliganj, Nagar Panchayat, Ward No. 01, P.S.- Murliganj, District - Madhepura.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

2.

The Commissioner - cum - Arbitrator, Koshi Division, Saharsa. 3.

The District Magistrate, Madhepura.

4.

The District Land Acquisition Officer, District - Madhepura 5.

N.H.A.I., through its project director Patna 6.

The Executive Engineer, N.H.- 107, Madhepura, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Wasi Ahmad Khan, Advocate For the Respondent/s :

Mr.Government Pleader (3) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-05-2024 Heard the parties.

2. The present writ petition has been preferred for the following reliefs:- (i) for issuance of a writ in the nature of

Patna High Court CWJC No.1545 of 2024(2) dt.09-05-2024 2/2 certiorari or any other appropriate writ for quashing of the order dated 27.09.2023 passed by Commissioner cum Arbitrator, Koshi Division, Saharsa in Arbitration Case No. 149/2021, whereby and whereunder the Learned Commissioner has dismissed the case of the petitioners by a cryptic order and has not passed the order on merit of the ease.

(ii) for issuance of a writ in the nature of mandamus for directing the respondent no. 2 to hear the case of the petitioners on merit and passed a reasoned and speaking order;

(iii) for issuance of a writ in the nature of mandamus for directing the respondents to make the payment of compensation of the land of the petitioners on commercial basis.

3. Learned counsel for the petitioner submits that he will be approaching the authority/court in accordance with the Act.

4. The writ petition stands disposed of.

(Rajiv Roy, J) Jagdish/- U