Md.Mojibur Rahman And ORS v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16944 of 2011 ======================================================

1. Md.Mojibur Rahman, son of Samiur Rahman

2. Bathu Thakur, son of Ram Charan Thakur

3. Devki Devi, W/O Ishola Sahu

4. Ram Lakhan Sah, son of Late Jhari Lal Sah All R/O,Vill.-Sangram, Post Office Via Tulapatganj Bazar, P.S.- Jhanjharpur, Dist.-Madhubani .... .... Petitioner/s

Versus

1. The Union of India through the Secretary, Ministry of Road Transport (National High Way, New Delhi

2. The Chairman, National High Way Authority of India, Sector 10/11 Dwarka, New Delhi

3. The Project Director, National Highway Authority of India, H/O Shri S.N.Mishra, Ward No.10, Professor Colony, Dighee West Darbhanga (Bihar 846004)

4. The District Magistrate, Madhubani

5. The District Land Acquisition Officer, District Madhubani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Respondent nos.2&3: Mr.Sunil Kumar-II Ranjan Kumar Singh For the Respondent nos.4&5: Mr. Amresh Singh, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 07-09-2015 When the matter has been taken up for consideration on merits, a supplementary counter affidavit on behalf of the respondent nos.4 and 5 is being filed, which is taken on the record. Learned counsel appearing on behalf of the petitioners, in presence of learned counsel appearing on behalf of the respondents, has fairly submitted that so far the grievances of the petitioner nos.1 to 3 are concerned, their grievances have already been redressed. Therefore, the writ petition on their behalf has become infructuous. He further submitted that, in view of the averments made in para 7 of the supplementary counter affidavit filed on behalf of the respondent nos.4 and 5 today in the Court,

Patna High Court CWJC No.16944 of 2011 (7) dt.07-09-2015 wherein the claim of the petitioner no.4 is being disputed, he may be permitted to withdraw the present writ petition on behalf of the petitioner no.4 with a liberty to approach the competent authority/forum/court for redressal fo his valid grievances. Learned counsel appearing on behalf of the respondents has raised no objection.

Permission is accorded.

In the result, the writ petition filed on behalf of the petitioner nos.1to 3 is hereby dismissed as infructuous. However, so far the writ petition filed on behalf of the petitioner no.4 is concerned, the same is dismissed as withdrawn with the liberty aforesaid.

(Birendra Prasad Verma, J) Arvind/- U