IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7311 of 2011 Md. Ekramuddin, son of Late Md. Hassan, Resident of Village- Belwa Tapu Tola, P.O. Gaiyari, P.S. Araria, District- Araria. ………………………..Petitioner. Versus 1. The State of Bihar through the Principal Secretary- Cum-Commissioner, Road Construction Department, Bihar, Patna. 2. The Principal Secretary-cum-Commissioner, Department of Revenue and Land Reforms, Bihar, Patna. 3. Director, Land Acquisition Department, Revenue and Land Reforms Department, Bihar, Patna. 4. The District Magistrate, Araria, District- Araria. 5. The Competent Authority-cum-District Land Acquisition Officer, Araria, Collectorate, Araria, District- Araria. 6. The Project Director, National Highway Authorities, Araria at Purnea, District- Purnea. 7. Md. Gufran Alam, son of Late Salimuddin, Resident of Village- Belwa Tapu Tola, P.O. Gaiyari, P.S. Araria, District- Araria. ..........Respondents. ----------- 2. 27.04.2011. Heard. This writ petition has been filed to seek indulgence for issuing a writ in the nature of mandamus restraining the respondent no. 6 not to pay enhance payment of compensation of land which has been acquired under National Highway Authority to respondent no. 7. The petitioner claims to be co- sharer of respondent no. 7 in the land which has been acquired by the authority. However, the matter concern with the claim of the petitioner over the land acquired by - 2 - National Highway Authority under Land Acquisition Act. The claim over the land is dispute about a right of the parties over the land which is a disputed question of fact and law which can not be decided in writ jurisdiction and the petitioner may have his remedy to file objection before the authority either under Land Acquisition Act or before Civil Court. Hence no writ in the nature of mandamus can be issued in relation to the land. Learned counsel for the petitioner submits that a civil suit has already been pending in the civil court. Hence the parties are pressing their remedy in Civil Court. The writ petition is not maintainable. Accordingly, the writ petition is hereby dismissed. m.p. (Gopal Prasad, J.)