Jagarnath Ram vs The State Of Bihar
2021 Latest Caselaw 5369 Patna

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5760 of 2020
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Jagarnath Ram Son of Late Anhetal Ram Resident of Village- Bhairopur Nijamat, P.O. and Police Station- Doriganj, District-Saran (Chapra), at present resident of Village- Ismailpur, P.O. and Police Station- Doriganj, District- Saran (Chapra). ... ... Petitioner Versus

1. The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

2. The National Highway Authority of India through its Regional Office, Patna.

3. The Project Director National Highway Authority of India, Chapra (P.I.U.), District- Saran.

4. The Collector Saran at Chapra.

5. The Competent Authority -cum- District Land Acquisition Officer, Saran at Chapra.

6. The Anchal Adhikari Sadar Chapra, District- Saran.

... ... Respondents ====================================================== Appearance :

     For the Petitioner   :      Mr. Bashishtha Narayan Mishra
                                 Mr. Sachida Nand Rai
                                 Mr. B.K. Mishra, Advocates
     For the State        :      Mr. Md. Khurshid Alam, AAG-12
     For the NHAI         :      Mr. S.N. Pathak, SC

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 22-11-2021 Heard learned counsel for the petitioner and learned

counsel for the respondents.

2. The present writ petition has been filed "for a direction

to the respondents for making payment of amount of

Rs.12,68,909.49 under Award No. 84 dated 23.08.2018 issued by the

respondent no. 5; and further for not making any work/construction

over the plot mentioned in the award till the payment of the award

amount and not taking forcible possession from the petitioner over the

land bearing Khata No. 239, Plot No. 466/855, Area 01 Katha 05 Dhurs

situated at village- Bhairopur Nijamat, Anchal Sadar Chapra, District-

Patna High Court CWJC No.5760 of 2020 dt.22-11-2021

Saran And/Or for passing such other order or orders for which the

petitioner will be found entitled in the eye of law and he should not be

dispossessed from the land without payment of amount of compensation

for the land."

3. At the very outset, learned counsel for the petitioner

states that he has filed a representation for issuance of requisite

certificate of ownership before the Collector, Saran at Chapra

(respondent no.4) on 19.11.2018, which appears to be pending. It will

suffice if a direction for disposal of the representation is issued

without entering into the detailed merits of the matter.

4. Learned counsel for the State and NHAI appear and have

been heard.

5. Having regard to the nature of the grievance and the

stand of the petitioner, the writ petition is disposed of with a direction

to the Collector, Saran at Chapra (respondent no.4) to consider and

dispose of the representation of the petitioner, said to have been filed

on 19.11.2018, if still pending, on its own merits in accordance with

law and after grant of an opportunity of hearing to the petitioner,

expeditiously and in any event preferably within a period of eight

weeks from the date of receipt/production of a copy of this judgment.

Ibrar//-                                                                 (Vikash Jain, J)
AFR/NAFR             NAFR
CAV DATE             N.A.
Uploading Date       25.11.2021
Transmission Date    N.A.