IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14437 of 2010 YOGENDRA MAHTO, SON OF LATE NATHU MAHTO, RESIDENT OF VILLAGE ARARIA SANGRAM, TOLA MOWAHI, P.O. TULAPATGANJ, P.S. GHOGHARDIHA, ANCHAL JHANJHARPUR, DISTRICT MADHUBANI. ----- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, LAND ACQUISITION DEPARTMENT, BIHAR, PATNA 2. THE NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH ITS CHIEF MANAGER, NEW DELHI 3. THE COLLECTOR OF THE DISTRICT (DM) MADHUBANI 4. THE DISTRICT LAND ACQUISITION OFFICER-CUM-COMPETENT OFFICER, NH 57 PROJECT MADHUBANI, DISTRICT MADHUBANI 5. THE ANCHALA ADHIKARI, JHANJHARPUR, MADHUBANI. ----- RESPONDENTS For the petitioner : Mr. Shashi Nath Jha, Advocate For the State : J.C. to G.P. 16 For N.H.A.I. : Mr. Sunil Kumar, Advocate Mr. Ranjan Kumar Singh, Advocate ----------- 2 31.8.2010 The petitioner is aggrieved by the order of the District Land Acquisiton Officer who has rejected the objection filed on behalf of the petitioner for grant of a commercial rate with respect to Plot No. 1741 measuring 18 decimals. Learned counsel for the petitioner submits by referring to Annexure-5 that persons at serial nos. 83, 85 and 87 have been granted commercial rate of Rs. 1,31,000/- per decimal which has been deprived to the petitioner. It is also submitted that the objection filed by him has been rejected by the Land Acquisition Officer, which prima facie does not appear to be justified. I, therefore, direct the petitioner to file a fresh application/representation before the Land Acquisition Officer who shall pass a reasoned order after taking into account the rate of land fixed in the case of Raghunath Mahto, Mahendra Sahu and 2 Bahadur Mahto which is contained in the letter sent by the Land Acquisition Officer to the Manager, Punjab National Bank, Madhubani. The said application/representation should be filed by the petitioner within a period of six weeks on receipt of a copy of this order. The Land Acquisition Officer is directed to dispose of the application/representation filed by the petitioner within a period of two months on receipt of the representation. This writ application is disposed of with the aforesaid directions. Sanjay ( Sheema Ali Khan, J.)