Nand Lal Ram vs The State Of Bihar
2021 Latest Caselaw 5576 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6629 of 2020
     ======================================================

Nand Lal Ram, son of late Butan Ram, resident of village - Bhairopur Nijamat, P.O. and Police Station- Doriganj, Dist- 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. B.K. Mishra, Advocate
     For the State             :     Mr.Sajid Salim Khan (SC-25)
                                     Mr. Arif Daula Siddique, AC to SC-25
     For 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.62,25,865.60 under Award No.83 dated 23.08.2018 issued by the

respondent no.5 and further for not making any work/construction Patna High Court CWJC No.6629 of 2020 dt.29-11-2021

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 05 Katha 10

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. 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 17.12.2018, 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 17.12.2018, if still pending, on its own merits in accordance with

law and after grant of an opportunity of hearing to the petitioner, Patna High Court CWJC No.6629 of 2020 dt.29-11-2021

expeditiously and in any event preferably within a period of eight

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

(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.