IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13088 of 2014 ====================================================== Umesh Kumar S/O Abhey Nandan Singh Resident of village - Jasawali Kharge Tola Jun Hata, P.S. P.O. - Pachrukhi, Distt. Siwan. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Union of India, through the Secretary of Ministry of Road and Transport and National Highway, N 3. The Chairman, National Highway Authority, New Delhi 4. The Project Director, National Highway No. 85 Implementing Unit of Hajipur, Chapra - Gopalganj. 5. The Collector, Siwan. 6. The District Land Acquisition Officer, Siwan. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Prashant Sinha, Advocate : Mr. Ashok Kumar Varma, Advocate : Mr. Raj Kishore Prasad, Advocate For the State : Mr. Kumar Manglam, AC to SC-24 For the NHAI : Dr. Maurya Vijay Chandra, Advocate : Mr. Gaurav Govinda, Advocate : Ms. Preety Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 5 30-06-2025 Heard Mr. Prashant Singh, learned counsel for the petitioner duly assisted by Mr. Ashok Kumar Varma, learned counsel representing the State as also Dr. Maurya Vijay Chandra, learned counsel representing the NHAI. 2. The present petition has been preferred for the grant of following relief(s): (i) For issuance of writ of mandamus commanding the respondent no.6 to act in Patna High Court CWJC No.13088 of 2014(5) dt.30-06-2025 2/5 pursuant to order dated 14.12.2011 by which petitioner had submitted his representation before the land Acquisition Officer, Siwan and the said authority has kept it pending this matter after getting it received on 09.01.2012 and physically the petitioner used to approach the Respondent no.6 on his call, but neither he passed any order nor he spoke fairly. By this way or by that way he wasted the time of petitioner. (ii) For issuance another writ of mandamus commanding the respondent no.6 to stay the construction of National High way no.85 Bypass from the acquired land of the petitioner i.e. plot no.2974 area 5 katha in which the Centre pillor has been established. Later on, in influence of high approaching person only for purpose of saning his property (petrol pump) another map was prepared in which two more plots no.155 and 151 survey no.2983 and 2984 accordingly area 8 katha 1 dhur 10 dhurki was acquired and published in Gazatta of India containing Regd. No. DL 3304/99 No.2040 New Delhi Friday Patna High Court CWJC No.13088 of 2014(5) dt.30-06-2025 3/5 04.12.2008 Agrahayane 131931 and some provision was mentioned accordingly objection application had been submitted before the land acquisition Officer Siwan in time but he did not dispose of the objection application and he proceeded a head, on what the petitioner came before this Hon'ble Court in C.W.J.C. No. 22107/2011 in which Hon'ble court pleased to passed order dated 14.12.2011 under which petitioner filed representation on 09.01.2012 before the Land Acquisition Officer, Siwan, like previously he kept the matter of petitioner pending despit annexing the order of hon'ble court. (iii) For issuance of another appropriate writ directing the respondent to exempt the aforesaid plots no.155 and 151 of survey no. 2983 and 2984 because of two reasons, first measurement should have been made equally from centre pillor in both said which has not been done i.e. principle of measurement of building of Road and second is that the petitioner is poor and for Patna High Court CWJC No.13088 of 2014(5) dt.30-06-2025 4/5 his livelihood he runs Thakur Enterprises i.e. small industry of making Almari, Godrej and Box over the land in question. It is only one means for his livelihood and loan is financed by bank on this industry. If this land is acquired, the petitioner shall be on Road. there is alternative way before the Land Acquisition Officer that if the land Between petrol pump and behind of his industry is acquired Road will be in shop of strate poor petitioner may be exampled from this acquisition. (iv) For issuance of any other relief/reliefs for which the petitioner is entitled in the eye of law. 3. A counter affidavit has been filed on behalf of the respondent no.5 and 6 bringing on record the order dated 05.07.2017 passed by the District Land Acquisition Officer, Siwan by which the representation of the petitioner was rejected. 4. It is the case of the petitioner that now they have changed the alignment, it is away from the land in question and not required for any other purpose. However, since an order has been passed negating his representation, he may be granted Patna High Court CWJC No.13088 of 2014(5) dt.30-06-2025 5/5 liberty to challenge the same and/or approach the authorities for the release in case, they have changed the alignment. 5. Learned counsel representing the National Highways Authority of India submits that an order has been passed by the District Land Acquisition Officer, Siwan, that is on record, unrebutted. 6. However, if the petitioner’s case is that the alignment has been changed, they always have the liberty to approach the authority. 7. Considering the submissions of the parties as also the aforesaid facts/development that has been brought on record both by the learned counsel for the petitioner as also the State, the petitioner is granted liberty to approach the authority/challenge the order he so want. 8. Without commenting on the merit of the case and granting liberty, the writ petition stands disposed of. vinayak/- (Rajiv Roy, J) U