Single Judge oral order admitting an intervening applicant as a respondent and dismissing a writ petition for land compensation, holding that the matter is sub-judice in a pending First Appeal and the petitioner must seek remedy after that appeal concludes.
Liberty to seek remedy after disposal of First Appeal No. 154 of 2018. No award for compensation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2485 of 2022
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Asha Devi Wife of Yogendra Prasad Varma @ Yogendra Prasad Verma, Resident of Mohalla-Singhi Kalan @ Singhai Kalan, P.S. Arrah Town, District-Bhojpur ... Petitioner
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Appearance :
For the Petitioner : Mr.Md. Ataul Haque, Advocate For the Respondents : Mr.Md. Khurshid Alam (AAG12)
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 24-11-2023
IA No.1 of 2023 has been filed to implead respondent intervenor as one of the respondents in the present writ petition.
4.Writ petition has been filed for directing the respondent authorities to pay the compensation amount against
Patna High Court CWJC No.2485 of 2022(4) dt.24-11-2023 2/2
acquisition of the land of the petitioner for the purpose of construction of National Highway.
shashi/- U
(Prabhat Kumar Singh, J)
3 issues framed by the court
Whether compensation can be awarded when land ownership is sub-judice in a first appeal pending before the Court.
Whether an intervenor in the pending appeal should be added to the writ petition.
What the appropriate course is when the title to land in question is under litigation in a separate appeal before the same court.
Asha Devi Wife of Yogendra Prasad Varma
The State of Bihar
The Collector, Bhojpur
The D.C.L.R., Sadar, Bhojpur
The District Land Acquisition Officer, Bhojpur
The Circle Officer, Bhojpur
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
