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Patna High CourtCWJC/15138/2016disposed

Munni Begum And ORS v. The National Highway Authority Of India And ORS

2017-01-09Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15138 of 2016 ===========================================================

1. Munni Begum, wife of Sri Farooque Khan, Presently Mukhiya of Gram Panchayat Raj, Jaso, Block- Buxar, District- Buxar.

2. Shamim Khan, Son of Late Samiullah Khan.

3. Akram Khan, Son of Md. Murtuzza Khan.

4. Chandan Yadav, Son of Deep Chand Yadav.

5. Nizamuddin Khan, Son of Sri Sadruddin Khan All resident of village and P.O. Sarimpur, P.S. Buxar Industrial Area, District- Buxar. .... .... Petitioner/s

Versus

1. The National Highway Authority of India through the Deputy General Manager (Technical)-cum- Project Director, Ministry of Road Transport and Highway, Government of India, New Delhi.

2. The Regional Manager, National Highway Authority of India, Bihar D-63, Sri Krishnapuri, Patna.

3. The District Magistrate, Buxar, District- Buxar.

4. The Superintendent of Police, Buxar, District- Buxar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. S. B. K. Manglam, Advocate For the State :

Mr. A. K. Dubey, A.C. to A.A.G. 11 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 09-01-2017 Heard learned counsel for the parties.

The petitioners are aggrieved by the action of the respondents in not allowing even the loaded tractors to cross the Veer Kuer Singh Bridge in the District of Buxar despite the National Highways Authority of India permitting the plying of tractors with trolley having a weight equivalent to those being allowed on the Mahatma Gandhi Bridge in the District of Patna. In this connection, learned counsel for the petitioners refers to Annexure-1, which is copy of letter dated 22.07.2015, written by the Project Director of the

Patna High Court CWJC No.15138 of 2016 dt.09-01-2017 2/2 National Highways Authority of India to the District Magistrate, Buxar. Learned counsel for the State submitted that he does not have any instruction.

Learned counsel for the petitioners submitted that the petitioners would make a representation before the District Magistrate, Buxar in this connection who may be directed to dispose off such representation expeditiously.

Learned counsel for the State does not object. In view of the aforesaid, the writ application stands disposed off with liberty to the writ petitioners to make a detailed representation before the District Magistrate, Buxar (respondent no. 3). If such a representation is filed within three weeks from today, along with a copy of this order, the respondent no. 3, would consider the same and dispose it off within two weeks thereafter in light of the relevant rules / instructions issued including those by the National Highways Authority of India, especially the one enclosed in the writ petition.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U