Ganesh Ram vs The State Of Bihar
2021 Latest Caselaw 5570 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6509 of 2020
     ======================================================

Ganesh Ram, son of late Saryug Ram, resident of Village- Bhairopur Nijamat, 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 Officer, 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/s      :      Mr.Bashishtha Narayan Mishra, Advocate
                                      Mr. Sachidanand Rai, Advocate
     For the State             :      Mr.Rishi Raj Sinha (SC19)
                                      Mr. Saurabh Kumar, AC to SC-19
     For the NHAI              :      Mr. S.N. Pathak, SC

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN

ORAL JUDGMENT

Date : 29-11-2021

Heard learned counsel for the petitioner and learned

counsel for the respondents.

2. The present writ petition has been filed for "issuance of

a writ in the nature of mandamus or any other appropriate writ or

writs directing the respondents for making payment of amount of

Rs.11,11,545.89 under Award No.80 dated 23.08.2018 issued by the Patna High Court CWJC No.6509 of 2020 dt.29-11-2021

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.467, Area 01 Katha 02

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

District-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. Learned counsel for the petitioner states that despite the

award having been passed in his favour for payment of Rs.

11,11,545.89, the amount has yet not been paid to him.

4. Learned counsel for the State and NHAI appear and

have been heard.

5. Having regard to the nature of grievance of the

petitioner, the writ petition is disposed of, granting liberty to the

petitioner to file a fresh representation before the Collector, Saran

at Chapra (respondent no.4) for redressal of his grievances within

a period of two weeks from today. If any such representation is

filed within the aforesaid period, the same shall be considered and

disposed of on its own merits in accordance with law and after

grant of an opportunity of hearing to the petitioner, expeditiously Patna High Court CWJC No.6509 of 2020 dt.29-11-2021

and in any event preferably within a period of eight weeks

thereafter.

(Vikash Jain, J) V.K.Pandey/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          03.12.2021
Transmission Date       N.A.