Dismissed

Ramashankar Prasad Sinha v. The State of Bihar through Principal Secretary

Patna HC10 Oct 2023CWJC/5940/2021

Case brief

AI extract

What is this about?

This order dismissed a writ petition for compensation on acquired land. The court held that the petitioner must approach the competent civil court under Section 3H(4) of the National Highways Act, 1956, as the remedy is statutory and the writ is not maintainable.

What did the court decide?

Petitioner directed to approach the competent civil court under Section 3H(4) of the National Highways Act, 1956.

Ramashankar Prasad Sinha Vs The State of Bihar through… — Land Acquisition | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5940 of 2021

¶2

======================================================

¶3

Ramashankar Prasad Sinha Son of Late Captain Umashankar Prasad Sinha resident of village - Nawan, P.S. Bodh Gaya, District Gaya, At present resident of Mohalla - Nadragunj, Mallahtoli, P.S. Civil Lines, District- Gaya.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

¶7

The Secretary Department of Revenue and Land Reforms, Government of Bihar, Patna.

¶8

The District Magistrate, Gaya.

¶9

The Land Acquisition Officer, Gaya.

¶10

The Anchal Adhikari, Bodh Gaya.

¶11

The Project Director, N.H. 83, Gaya.

¶12

... ... Respondent/s

¶13

======================================================

¶14

Appearance : For the Petitioner/s : Mr.Nand Kishore Prasad Sinha For the Respondent/s : Mr.Rishi Raj Sinha (Sc19) for the NHAI Mr. Sriram Krishna, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

¶15

6 10-10-2023 Heard learned counsel for the petitioner and the State.

¶16

Present writ petition has been filed for directing respondent no.4 to make payment of compensation of the land of the petitioner appertaining to khata no.13, plot no. 364 having an area of 59 decimals out of 1.590 decimals situated in village Nawan Thana No. 343 under Police Station and Anchal Bodh Gaya, Bihar which land has been acquired for construction of National Highway 83.

¶17

Learned counsel appearing for the respondent no. 3 to 5 has filed counter affidavit. In paragraph 4 it is stated that

¶18

Patna High Court CWJC No.5940 of 2021(6) dt.10-10-2023 2/3

¶19

the petitioner is guilty of suppressing the judgment/decree passed by civil court in partition suit no. 01/1979/13/1972 as well as mutatio order passed in Mutation case no. 09/1995-96 on its basius as well as pendency of Demand Cancellation case no. 37 of 2014-15 pending between the petitioner and Bhagwan Prasad and others. Compensation amount to the petitioner has been withheld in the light of the decree passed in the aforesaid partition suit as well as order passed in the said mutation case.

¶20

Learned counsel appearing for the NHAI, on instruction, submits that in view of Section 3H (4) of the National Highways Act, 1956 which reads as “ any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated”,

¶21

In view of the above provision, remedy lies to a person, before a competent authority under 3(H)(4) of the NHAI Act, 1956.

¶22

Accordingly, the petitioner would be well advised to take up the remedy as provided therein. Since, the remedy is statutory in nature, the writ petition would not be maintainable.

¶23

Patna High Court CWJC No.5940 of 2021(6) dt.10-10-2023 3/3

¶24

Thus this writ petition is disposed of with liberty to

¶25

the petitioner to take up the matter before the concerned authority, as provided under the NHAI Act indicated above.

¶26

(Prabhat Kumar Singh, J)

¶27

shashi/-

¶28

Ramashankar Prasad Sinha v. The State of Bihar through Principal Secretary

Case brief

What is this about?

What did the court decide?

Ramashankar Prasad Sinha v. The State of Bihar through Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abhimanyu Prasad Vs The State Of Bihar and Ors.

Shiv Shankar Bhagat Vs The State Of Bihar and Ors.

Suresh Yadav Vs The State Of Bihar and Ors.

Ray Jagannath Prasad Vs The State of Bihar through the Principal Secretary

Noorbeely Vegam Vs The State of Bihar

Mukesh Kumar Vs The State of Bihar