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Patna High CourtMJC/4555/2024allowed

Shio Prasad @ Shio Prasad Prajapati @ Shio Prasad Kumhar v. National Highways Authority Of India Through Its Secretary,

2025-07-04Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4555 of 2024 In Civil Writ Jurisdiction Case No.245 of 2024 ====================================================== Shio Prasad @ Shio Prasad Prajapati @ Shio Prasad Kumhar Husband of Late Munia Devi, S/o Baudam Prajapati, Resident of Village- Betari, P.S.- Bhabhua, District- Kaimur (Bhabhua).

... ... Petitioner/s

Versus

1.

National Highways Authority of India through its Secretary, Government of India, New Delhi.

2.

The State of Bihar, through its Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The Director, Land Acquisition Department, Govt. of Bihar, Patna. 4.

Ram The Collector-cum-District Magistrate, Kaimur, District. Kaimur (Bhabhua).

5.

The Additional Collector-cum-Additional District Magistrate, Kaimur (Bhabhua).

6.

The Deputy Collector, Land Reforms, Bhabhua, District-Kaimuar (Bhabhua).

7.

The Competent Authority-cum-District Land Acquisition Officer, District- (Bhabhua).

8.

The Sub-Divisional Officer, Bhabhua, District-Kaimuar (Bhabhua). 9.

The Anchal Adhikari, Anchal/Post Office/Police Station- Bhabhua, DistrictKaimuar (Bhabhua). 10.

The Sub-Registrar Registry Office, Bhabua, District- Kaimuar (Bhabhua). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kameshwar Prasad Sinha, Advocate For the Opposite Party/s :

Mr. Standing Counsel 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-07-2025 Heard the parties.

2. The present application has been preferred: " on behalf of the petitioner for the restoration of the (Arising out of C.W.J.C. No. 245 of 2024) against

Patna High Court MJC No.4555 of 2024(4) dt.04-07-2025 2/3 peremptory order dated 2.5.2024 by Hon'ble Mr. Justice Rajiv Roy was pleased to hear the learned counsel for the petitioners and the learned counsel appearing on behalf of the respondents stating that three weeks time is granted to learned counsel for the petitioners to remove the defects as pointed out by the office, failing which this application shall rejected without further reference to the Bench and the case to put up on 12.08.2024 as the matter is related with land acquisition on National Highway at Land Reforms, Bhabhua, District-Kaimuar (Bhabhua). And the petitioner is running from pillar to post for receiving the Award Money who are hand to mouth and on the verge of starvation accordingly the case is required to be restored to meet the ends of Justice failing which the petitioner may be protected for hearing the on merit for the just decision of the case.

3. For the reasons assigned in paragraph 4 of the

Patna High Court MJC No.4555 of 2024(4) dt.04-07-2025 3/3 petition, the CWJC No. 245 of 2024 is allowed subject to payment of Rs. 500/- as undertaken by the learned counsel for the petitioner to be deposited with the Patna High Court Legal Services Committee.

4. The CWJC No. 245 of 2024 is restored to its original file.

(Rajiv Roy, J) Raj Ranjan/- U T