Shaheda Khatoon v. P.R.D.A.And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5689 of 2002 ====================================================== SHAHEDA KHATOON wife of Mahtab Ahmad, R/o Sharif Colony, P.S.- Pirbahore, district- Patna ... ... Petitioner

Versus

1. Patna Regional Development Authority through its Chairman, Maurya Lok Complex, Patna

2. Chairman, Patna Regional Development Authority, Maurya Lok Complex, Patna

3. Smt. Sharmila Baddar Khan, Wife of B. H. Khan, R/o Sharif Colony, Musallehpur P.S.- Pirbahore, Town and District- Patna

4. Mrs. Khurshid Jahan, D/o Syed Jafar Imam, W/o Syed Hasib Ahmad, R/o village- Khanquah, P.S.- Bihar Sharif under township of Bihar Sharif, District- Nalanda, presently residing at Mohalla- Mussallehpur, P.S.- Pirbahore, Town and District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Sinha I For the Respondent/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-01-2019 It appears from perusal of the writ application that the petitioner has moved this Court challenging the order dated 13.01.2001 passed by the Vice Chairman of the then Regional Development Authority in Vigilance Case no. 15B/2000 and against the order dated 18.01.2002 passed by the Appellate Tribunal in Appeal No. 23 of 2001 dismissing the appeal of the petitioner.

Learned Senior Counsel representing the petitioner submits that this petitioner was not made a party in the original case which was disposed off vide Annexure-4 to the writ application.

It is submitted that when the appeal was preferred by

Patna High Court CWJC No.5689 of 2002(3) dt.15-01-2019 2/2 private respondent no. 4, at that stage this petitioner was sought to be impleaded as party respondent but ultimately the appeal was held not maintainable and was accordingly, dismissed. Learned Senior Counsel submits that it appears at this stage that the private respondent has lost interest in the present case, therefore, this petitioner would not be willing to proceed with this writ application, however, in case in future any cause of action arises to the petitioner, a liberty may be granted to approach the appropriate forum as the case may be. In view of the prayer of the learned Senior Counsel, this writ application is dismissed as not pressed with liberty to the petitioner that in case in future any cause of action arose to her, she will be at liberty to approach appropriate authority/forum in accordance with law.

This writ application is disposed of accordingly. (Rajeev Ranjan Prasad, J) avin/- U