M/S. National Auto Service Agent v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19319 of 2021 ====================================================== 1.

M/S. National Auto Service Agent Indian Oil Corporation Ltd., Petrol Pump, Hajipur, District- Vaishali.

2.

Swaraaj Kiran Sinha @ Swaraj Kiran Sinha Son of Late Suresh Prasad Sinha and partner and proprietor of petitioner no. 1 aforesaid Resident of Village- Bagwatpur, P.S. Sarai Ranjan, District Samastipur and at present residing at Mohalla- Pokhara, Magistrate Colony, P.S.- Town, Hajipur, District- Vaishali.

... ... Petitioner/s

Versus

1.

The Union of India through the General Manager, Eastern Central Railway, Hajipur.

2.

The General Manager, Eastern Central Railway, Hajipur. 3.

The Divisional Rail Manager, (Engineering), Eastern Central Railway, Sonepur.

4.

The Assistant Divisional Finance Manager, Eastern Central Railway, Sonepur.

5.

The Divisional Engineer, Eastern Central Railway, Sonepur. 6.

The Section Engineer (Works) Hajipur, Eastern Central Railway, Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akshay Lal Prasad, Advocate Mr. Ajit Anand, Advocate Mr. Birju Prasad, Advocate For the Respondent/s :

Mr. Ramadhar Shekhar (Addl. S.C. Railway) Mr. Abhinay Raj, Advocate Mrs. Kanak Verma, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 30-06-2022 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

2/5

3/5 After the matter was heard for some time, finding the Court not to be in favour with the submissions made across the Bar, learned counsel for the petitioners,

4/5 under instructions, states that petitioners shall be content if the petitioners are permitted to withdraw the present petition reserving liberty to initiate appropriate proceedings before the appropriate forum and/or take recourse to such other alternative remedies, equally efficacious in law. Permission granted.

We are sure that as and when any such proceedings are initiated, the same shall be considered and decided in accordance with law.

Needless to add, the authorities/adjudicative body shall pass a reasoned order in accordance with law. Needless to add, period for which the petitioners has been pursuing the matter before this Court, shall be excluded for the purpose of computing limitation. It is made clear that we have not expressed any opinion on merits. All issues are left open.

The petition stands disposed of as withdrawn with the liberty aforesaid.

Interlocutory Application(s), if any, shall stand

5/5 disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 04.07.2022 Transmission Date