Anirudh Pandey vs The State Of Bihar
2023 Latest Caselaw 2829 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1718 of 2023
     ======================================================

1. Anirudh Pandey Son of Late Bhagwan Pandey, Resident of Village-

Shaharkola, Police Station-Basantpur, District-Siwan (Bihar)

2. Ramekbal Pandey Son of Late Bhagwan Pandey, Resident of Village-

Shaharkola, Police Station- Basantpur, District- Siwan (Bihar)

3. Harendra Kumar Pandey Son of Late Bhagwan Pandey, Resident of Village-

Shaharkola, Police Station-Basantpur, District-Siwan (Bihar) ... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary Revenue and Land Reform Government of Bihar, Patna.

2. The Commissioner, Commissanary Saran (Chapra) District Saran (Chapra)

3. The Collector/District Magistrate, Siwan District-Siwan.

4. The District Land Acquisition, Officer, Siwan District-Siwan.

5. The Block Development Officer, Basantpur Block-Basantpur District-Siwan.

6. The Circle Officer, Basantpur Anchal-Basantpur District-Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate For the State : Mr. Mukul Prasad, A.C. to G.P.-18 For the NHAI : Mr. Gaurav Govinds, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 05-07-2023

Learned counsel for the petitioners, learned counsel

for the State and learned counsel for the N.H.A.I. are present.

2. The present application has been filed for

directing the respondents to correct the names and father names

of the petitioners in the land acquisition notice send by the

District Land Acquisition Officer, Siwan (Annexure-1). Further

prayer has also been made by the petitioners for increasing the

compensation amount and fixed the compensation amount at

present rate alongwith other reliefs.

3. Learned counsel for NHAI appeared and submits Patna High Court CWJC No.1718 of 2023 dt.05-07-2023

that there are two grievances of the petitioners. The first

grievance to correct the names and father names of the

petitioners as mentioned in the notice. He further submits that

for correcting the names and father names, the petitioners ought

to move before Competent Authority of Land Acquisition

(respective District Land Acquisition Officer). He further

submits that for his second prayer, petitioners have to move

before the Arbitrator-cum-Divisional Commissioner under

Section 3G(5) of the NHAI.

4. In this background, liberty is hereby granted to

the petitioners firstly to move before Competent Authority of

Land Acquisition and upon correction, liberty is there to move

before Arbitrator-cum-Divisional Commissioner, Patna for their

grievances.

5. With the aforesaid direction, the present writ

petition is allowed.

(Dr. Anshuman, J.) ravishankar/-

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