Sanjeev Kumar Mishra v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.426 of 2021 ====================================================== Sanjeev Kumar Mishra Son of Sri Manik Prasad Mishra Resident of Jyotipuram Colony, Khajpura, P.O. B.V. College, P.S. Rajiv Nagar, Patna. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Home Affairs, North Block New Delhi.

2.

The Secretary, Ministry of Home Affairs, North Block New Delhi. 3.

The Secretary, Department of Civil Aviation B Block Rajiv Gandhi Bhawan Safdarganj Airport, New Delhi.

4.

The Joint Secretary, Department of Civil Aviation B Block Rajiv Gandhi Bhawan Safdarganj Airport, New Delhi.

5.

The Director General, Civil Aviation Opposite Safdarganj Road, New Delhi. 6.

Sanjay Bhasin Chief Executive Officer Gurgaon, GOIBIBO Haryana. 7.

Ajay Singh, Chairman and Managing Director, Spice Jet LTD New Delhi Area, India.

8.

Vinay Dube, Chief Executive Officer, 1st Floor, C-1, Wadia International Center (Wic), Pandurang Budhkar Marg Vorli, Mumbai, Maharashtra, India. 9.

Ronujay Dutta, Male, Project Leader, Kolkata, West Bengal, India. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra (in person) For the Respondent/s :

Mr.Dr. K. N. Singh ( ASG ) Mr. Anshuman Singh, CGC ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-03-2021 Petitioner has prayed for the following relief(s): "(i) For issuance of an appropriate writ in the nature of mandamus commanding the Respondent authorities, directing the different Airlines of domestic flight including the Goibibo to refund the whole amount of cancelled flight during

Patna High Court CWJC No.426 of 2021(2) dt.03-03-2021 2/3 the period of lock down to the petitioner.

(ii) For direction upon the respondent authorities, to refund the whole amount without charging extra amount to the petitioner as the part amount is being kept in credit shell.

(iii) For declaration that creating and withholding the entire amount in credit shell for a period of one year is arbitrary and not sustainable in the eye of law.

(vi) Any other order or orders as to Your Lordships may deem fit and proper in the facts and circumstances of the case."

Shri Sanjeev Kumar Mishra, petitioner in person, states that he has already supplied copy of the paper-book to Shri Anshuman Singh, learned counsel who appears on behalf of Respondent Nos. 1 to 4.

Petitioner seeks permission to withdraw the petition reserving liberty to approach Respondent Nos. 2 and 4. Prayer allowed.

The petition is dismissed as withdrawn reserving liberty to the petitioner to approach Respondent No. 2 and 4 by filing an appropriate application which, the authority concerned is directed to consider and decide expeditiously and preferably within two months.

If the petitioner is aggrieved by the order which may

Patna High Court CWJC No.426 of 2021(2) dt.03-03-2021 3/3 be passed by the authority concerned, he will have liberty to approach this Court by filing a fresh petition. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U