Raj Kumar Mandal v. Bharat Sanchar Nigam Limited And

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5099 of 2009 ====================================================== Raj Kumar Mandal, son of shri Suresh Chandra Mandal, resident of Village & P.O. Gauripur, P.S. Pranpur, District Katihar. .... .... Petitioner/s

Versus

1.Bharat Sanchar Nigam Limited (BSNL) through its Chief General Manager, Bihar, Patna.

2.The General Manager, Bharat Sanchar Nigam Limited(BSNL), Kaithar. 3.The Telecom District Manager(TDM), Katihar. 4.Upen Chandra Mandal, son of late Hari Mohan Mandal, resident of village & P.O. Gauripur, P.S. Pranpur District Katihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Mishra, Adv For the BSNL : Mr. Prabhat Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 13-01-2015 Heard learned counsel for the parties as with regard to the following reliefs, prayed in this writ application:- "For issuance of an appropriate writ/writs directing the respondent not to construct the BSNL Mobile Tower in the midst of populated area of village & P.O. Gauripur, P.S. Pranpur District-Katihar, as the same will endanger safety, security and quality of life of the villagers in general and the petitioner and his family members in particular, as he is the adjoining person of the construction site proposed in the middle of the village.

For a consequential writ(s) in the nature of mandamus directing shifting of propose BSNL Mobile Tower outside the Population of the village upon any other suitable land belonging to the same land owner (Respondent no. 4), to secure pollution fee life to the petitioner and other villagers."

After some arguments, learned counsel for the

Patna High Court CWJC No.5099 of 2009 (2) dt.13-01-2015 petitioner seeks permission to withdraw this application in order to enable the petitioner to move before the appropriate forum/Court for redressal of the grievances raised herein.

There is no opposition by learned counsel for the respondents to such prayer.

That being so, this application is permitted to be withdrawn with the aforementioned liberty.

(Mihir Kumar Jha, J) Ranjan/- U