Kailash Singh v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16458 of 2021 ====================================================== Kailash Singh S/o Late Raghu Nandan Singh Resident of Village - Suryapura, P.O. - Karjan, P.S. Athmalgola, Anchal - Athmalgola, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Revenue and Law Reforms Department, Govt. of Bihar, Patna.

2.

The District Land Acquisition Officer, Barh, Patna. 3.

The Circle Officer, Athmalgola, District- Patna. 4.

The Project Director, National Highways Authority of India (NHAI), Bihar, Patna.

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Raj Kishore Roy ( Gp18 ) For NHAI :

Mr. Sriram Krishna Mr. Amarjeet Mr. Prabhat Kumar Singh Mr. Shashank Shekhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-11-2024

1. Heard learned counsel for the petitioner, learned AC to GP-18 and the learned counsel appearing on behalf of the NHAI.

2. The learned counsel for the petitioner submits that IA No. 01 of 2024 has been filed seeking substitution of the legal heirs of the original writ petitioner. It is submitted that during pendency of the writ application, original writ petitioner, Kailash Singh, died on 05.01.2022 as would manifest from death certificate annexed as Annexure P/1 to the IA application, necessitating filing of the instant IA application seeking

Patna High Court CWJC No.16458 of 2021(3) dt.12-11-2024 2/2 substitution of his wife and son.

3. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, IA No. 01 of 2024 is allowed, the wife (Sushila Devi) and son (Ashok Kumar) of Late Kailash Singh are substituted in his place.

4. The learned counsel for the petitioner, after some arguments realizing his difficulty, seeks permission to withdraw the writ application with liberty to raise all issues before an appropriate forum in terms of Section 3G(5) of the National Highways Act, 1956.

5. Permission is accorded.

6. Accordingly, the instant writ application is dismissed as withdrawn with the liberty aforesaid. (Satyavrat Verma, J) Rishabh/- U