Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11040 of 2024 ====================================================== Rajesh Kumar, Son of Late Bhupendra Yadav @ Bhupendra Narayan Yadav, Resident of Village- Kuyshmalwa, Police Station- Bhargama, District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna, Old Secretariat Building Patna, District- Patna, Pin Code- 800001. 2.

The Collector cum District Magistrate, Purnea, District- Purnea. 3.

The Collector Cum District Magistrate, Araria, District- Araria. 4.

Principal Secretary, Water Resources Department, Government of Bihar, Secretariat Building, Patna.

5.

Chief Engineer, Flood Control and Damage, Water Resources Department, Government of Bihar, Katihar Camp Purnea.

6.

Superintendent Engineer, Flood Control and Damage Circle, Purnea. 7.

The Executive Engineer, Flood Control and Damage Division, Purnea. 8.

The District Land Acquisition Officer, Koshi Project, Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Upendra Prasad, Advocate Mr. Veena Kumari Jaiswal, Advocate For the Respondent/s :

Mr. Mithilesh Kumar Upadhyay, AC to GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-08-2024 Heard Mr. Upendra Prasad, learned Advocate for the petitioner and Mr. Mithilesh Kumar Upadhyay, learned Advocate for the State.

2. The petitioner by filing the present writ application seeking a direction upon the respondents to ensure payment of compensation of the land, measuring an area of 1.74 acres of land, belonging to his father. The particulars of which has been duly mentioned in para.1 of the writ petition.

Patna High Court CWJC No.11040 of 2024(2) dt.01-08-2024 2/2

3. Learned Advocate for the State drew the attention of this Court to Annexure-5 of the writ petition and submitted that for similar relief, the petitioner had approached this Court in C.W.J.C. No. 1301 of 2024 and the same was withdrawn unconditionally by the writ petitioner. Thus, the present writ petition is not maintainable.

4. Confronted with such situation; learned Advocate for the petitioner seeks permission to withdraw the present writ petition with a liberty to pursue the remedy before the learned Collector-cum-District Magistrate, Araria.

5. In view of the prayer made on behalf of the petitioner, the writ petition stands dismissed as withdrawn with a liberty to the petitioner to pursue his remedy available under the law.

(Harish Kumar, J) uday/- U