IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6266 of 2022 ====================================================== Mahapati Devi Wife of Late Murlidhar Prasad Singh @ Murlidhar Singh Resident of Village- Bhagwatipur, Police Station- Pandarak, District- Patna. ... ... Petitioner/s Versus 1. The National Highways Authority of India through its Chairman New Delhi 2. The State of Bihar through the Collector Patna, (District Land Acquisition Officer, N.H. 30A) Land Acquisition Branch, Collectorate Building at Patna. 3. The Anchaladhikari Barh Anchal Office Barh, Post Office- Barh, Police Station- Barh, District- Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Raj Nandan Prasad Singh For the Respondent/s : Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 07-07-2025 In the instant petition, the petitioner has prayed for the following relief:- 1. That the instant writ application is being filed on behalf of the petitioner before this Hon'ble Court for giving PRECISLY directions and PREVALENT and LEGITIMATE ORDERS to the authorities/respondents concerned by issuance of an appropriate writ of Mandamus or other writ in his favour Patna High Court CWJC No.6266 of 2022(2) dt.07-07-2025 2/5 for redressal her utmost SUSAINABLE and DEFENSIBLE as well as RIGHTEOUS Grievances/ claims through her several written requests/ Representation (Annexure-3,8 Series) towards making payment/ handing over to her the accurate differential RESIDUAL Consideration Money/ Price by making fixation of genuinely UPTODATE VALUATION OF THE RESIDENTIAL Rate of her acquired residentialPiece and Parcel(Portion) of measuring an total 1 katha 16 dhurs 7 dhurki pertaining to plot No. 14 under Khata No.629, Thana No.60 situated in Mauza Shahari (SHAHARI) Police station Barh, District Patna, adjacent to Road, Near Barh Bazar Samittee and power Grid, which having been acquired for construction extention and Widening four Laning of Patna High Court CWJC No.6266 of 2022(2) dt.07-07-2025 3/5 proposed the FATUHA HARNAUT- BARH N.H.-30A road under L.A. case No.-131 of 2013-14, wheresoever, a LESSER amount of its out of date, rate having been handed over to the petitioner, since accepted the same with her earnest OBJECTION. As such, which has bonafidely been required to be correctly and accurately as well as exactly valuated by fixing uptodate/ present rate as the same comes under either of category of Commercial and Residential Part and Parcel of the Land in question. 2. Learned counsel for the petitioner submits that land in question measuring total area 1 katha 16 dhurs 7 dhurki appertaining to plot no. 14 under Khata no. 629, Thana no. 60 situated in Mauza shahari (Shahari) Police Station Barh, district Patna, adjacent to road, near Barh Bazar samittee as mentioned in para 1 has been acquired by the concerned authority and the petitioner has submitted Patna High Court CWJC No.6266 of 2022(2) dt.07-07-2025 4/5 that she has obtained compensation amount with regard to the extent of land as a agricultural land and she has grievance that the land in question is a residential plot as several other nearby plots have been treated as residential plot. Petitioner has also represented his grievance before various authorities but his grievance with regard to getting the compensation amount as per residential land has not been decided. He further submits that present matter is squarely covered by the case of Rekha Singh Vs. The national Highways Authority of India through its Chairman & Ors. passed by the co-ordinate Bench in CWJC No. 6617 of 2023. In this way, petitioner deserves to get compensation on the residential basis. 3. Learned counsel on behalf of the state has submitted that if petitioner represents her grievance before appropriate authority, the petitioner’s grievance will be look into and it has been further submitted that petitioner has to file application under 3 G (5) of National Highway Act, 1956. 4. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, Patna High Court CWJC No.6266 of 2022(2) dt.07-07-2025 5/5 the present petition is disposed of with direction to the petitioner to represent her grievance before the Divisional Commissioner-cum-Arbitrator under Section 3G(5) of National Highways Act, 1956 for enhancement of payment and the Divisional Commissioner-cum-Arbitrator, Patna is directed to consider the claim of the petitioner on the basis of the documents provided by him as well as the price and market value of the area. 5. It is further directed to dispose of the application within nine months from the date of filing of such application. vashudha/- (Alok Kumar Pandey, J) U