Patna High Court
Dhanush Singh Yadav vs The Union Of India on 24 April, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17869 of 2022
======================================================
Dhanush Singh Yadav Son of Late Ram Dev Singh Yadav Resident of
Village-Jagdishpur, Police Station-Aurangabad, District-Aurangabad.
... ... Petitioner
Versus
1. The Union of India through its Director, National Highway Authority of
India, New Delhi.
2. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
3. The Collector, Aurangabad, District-Aurangabad.
4. The Additional Collector, Aurangabad, District-Aurangabad.
5. The Competent Officer-Cum-Land Reforms Deputy Collector, Aurangabad,
District-Aurangabad.
6. The Project Director, N.H.-2, Varanasi Zone, Varanasi, District-Varanasi
(Uttar Pradesh).
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Santosh Chandra Bhaskar, Advocate
For the State : Mr. Viveka Nand Singh, AC to GP-8
For the NHAI : Mr. Sriram Krishna, Advocate
Mr. Amarjeet, Advocate
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 24-04-2025
In the instant petition, the petitioner has prayed
for the following relief:-
(i) For issuance of writ in
the nature of mandamus commanding
and directing the respondent authorities
to give compensation amount as
residential land of the petitioner situated
at Mauza - Jasoea, Thana No. 264,
Patna High Court CWJC No.17869 of 2022 dt.24-04-2025
2/4
Khata No. 26 (New 726), Kheshra No.
998 (New Kheshra No. 2572), Rakawa
222 Sq. ft., which has been acquired by
the respondent National Highway
Authority of India (hereinafter called
NHAI) through the District authorities
for the purpose of widening N.HΗ. 2
road.
(ii) For issuance of any
other order / orders on the basis of facts
and circumstances stated hereinafter of
the case.
2. Learned counsel for the petitioner submits
that land appertaining to Khata No. 26 (New Khata 726),
Kheshra No. 998 (New Kheshra No. 2572), Mauza - Jasoea,
Thana No. 264, Rakawa 222 sq. ft. belong to the petitioner.
He further submits that petitioner and his sons purchased the
land in question through registered sale deed dated
31.03.2009
(Annexure 1). He further submits that Respondent
No. 5 - The Competent Officer-Cum-Land Reforms Deputy
Collector, Aurangabad passed an order on 02.01.2016 in Land
Acquisition Case No. 17(XXIII)/2009-10 and 17(XXIII)
Structure / 2009-10 without hearing the petitioner and
directed the petitioner to receive compensation amount as Rs.
3,24,619/- measuring as agriculture nature of land (Annexure
2). He further submits that petitioner has filed representation
Patna High Court CWJC No.17869 of 2022 dt.24-04-2025
before the Respondent No. 5 requesting to grant
compensation as per the residential nature of land as the land
in question is of residential nature (Annexure 4) but no action
was taken, and thereafter, petitioner received the said amount
of compensation with objection. Thereafter, petitioner has
filed an application before Respondent No. 4 - the Arbitrator,
Additional Collector, Aurangabad vide Registered Case No.
341 of 2016, which was rejected by order dated 27.05.2017
(Annexure 7). Hence, the present writ petition.
3. Learned counsel for the NHAI has submitted
that petitioner has statutory remedy available under Section
34 of the Arbitration and Conciliation Act, 1996 to challenge
the award before the Competent Court.
4. Learned counsel for the State has conceded
the said submission.
5. Having considered the facts and
circumstances of the case and the arguments advanced on
behalf of the parties, the present writ petition is disposed of
with liberty to the petitioner to file an appropriate
miscellaneous case before the appropriate forum.
6. It is needless to mention that the period spent
in pursuing the matter before this Court be considered
Patna High Court CWJC No.17869 of 2022 dt.24-04-2025
sympathetically while deciding the claim of the petitioner.
(Alok Kumar Pandey, J)
alok/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 25.04.2025.
Transmission Date N/A
