SURYA KUER, WIFE OF LATE BHIKARI TIWARY Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF LAND REFORMS AND REVENUE, GOVERNMENT OF BIHAR, PATNA (BIHAR)

JUDGEMENT

(1.) Heard Mr. Anil Kumar Jha, learned senior counsel assisted by Mr. Bijay Shankar Choubey on behalf of the sole appellant, Mr. Bibhuti Narayan Pandey, learned senior counsel assisted by Mr. Jagnnath Singh and Mr. Nirbhay Prashant, advocates on behalf of the respondent no. 6, Miss Shilpi Keshari, learned advocate on behalf of the respondent no. 7 and Mr. S. N. Pathak, learned advocate on behalf of National Highways Authority of India.

(2.) The present Letters Patent Appeal has been preferred by the sole appellant being aggrieved by the order dated 09. 1 2015 passed by a learned Single Judge of this Court in CWJC No. 15770 of 2013 by which the writ petition filed by the present appellant has been disposed of taking a view that the petitioner has a remedy under Section 3-H(4) of the National Highways Act, 1956 (hereinafter referred to as the =Act'). She is at liberty to approach the competent authority for referring the matter to the Principal Civil Court of original jurisdiction, for deciding the claim of the respective parties, in accordance with law on the basis of the evidence/materials produced by them. The grievance of the petitioner against the order dated 15. 07. 2013 passed in L. A. Case No. 9 of 2011-12 (Annexure-1 to the supplementary affidavit) has not been adjudicated in the writ application and therefore the appellant has a reason to move in appeal before this Court.

(3.) It appears from perusal of the records, which formed the pleadings before the learned Single Judge that a piece of land bearing khata no. 34 and 37, plot no. 5, 99, 111 and 42 respectively measuring a total area of 2657 square meter was acquired by the State authorities for construction of a six lane NH-2 situated at village Magapati Chaturbhuj in the district of Rohtas, Sasaram. The case of the petitioner-appellant is that one Palatu Tiwary had two sons namely Bhikhari Tiwary and Triveni Tiwary. Bhikhari Tiwary died leaving behind his widow Most. Surya Kuer (appellant) and a son Ajit Tiwary who is now dead. Triveni Tiwary died leaving behind his two sons namely Dineshwar Tiwary and Chandradip Tiwary.