Sudhir Kumar Ojha v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16262 of 2017 ====================================================== Sudhir Kumar Ojha, Son of Sri Krishnadeo Ojha, Resident of VillageLahladpur Patahi, P.S. Muzaffarpur Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The Union Of India through the Ministry of Railway, Government of India, New Delhi.

2.

The Secretary, Economic Affairs Government of India, New Delhi. 3.

The Chairman, Railway Board, Rail Bhawan, New Delhi. 4.

The Director, Department of Heavy Industry, Government of India, Udyog Bhawan, New Delhi.

5.

The Managing Director, Bharat Wagon and Engineering Company Ltd., Patna.

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

For the Petitioner/s :

Mr.Vijay Kumar Singh For the Respondent/s :

Mr.S.D Sanjay Addl. Soc. Gen.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-02-2020 Heard the learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following reliefs: "For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondent authorities to produce on the record the decision taken by the Cabinet Committee whereby and where under the proposal of Ministry of Railways to close the Bharat Wagon and Engineering Company Limited, a Central Public Sector Enterprises under Ministry of Railways, Muzaffarpur and Mokama was approved and on production the same may be quashed by issuance of

Patna High Court CWJC No.16262 of 2017(4) dt.18-02-2020 2/2 an appropriate writ in the nature of certiorari on the ground that it is the oldest and only the manufacturing unit of Railway Wagons and other goods essential to the needs of the country in general and the Railways in particular in the State of Bihar and there is sufficient infrastructure.

(ii) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondent authorities to revive the Bharat Wagon and Engineering Company Ltd. Since in the State of Bihar there is negligible industry and it is the oldest manufacturing unit of Rail Wagon and there are sufficient infrastructure with them".

Learned counsel for the petitioner fairly states that with the passage of time, more so, in the light of the reply filed by the State, the present petitioner has outlived its purpose and the proceedings can be closed.

In view of the above, the present petition stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajiv U