Ajit Mahto v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14895 of 2022 ====================================================== Ajit Mahto Son of Late Ram Vilash Mahto, Resident of Village- Tulsipur, Ghoraghat, P.S.-Bariyarpur, District- Munger. ... ... Petitioner

Versus

1.

The Union of India through its Chief Secretary, New Delhi, 2.

Indian Oil Corporation Ltd. through its Project Director, Paradeep Haldiya, Durgapur, L.P.G. Pipeline Extension Project at 15-Lee Road Kolkata-700020 3.

The Project Director, Paradeep Haldiya, Durgapur, L.P.G. Pipeline Extension Project 4.

The Appellate Authority and Executive Director, Indian OIl Corporation Ltd., at 14-Lee Road Kolkata, 700020 5.

Project Manufacturing Officer, Heera Niketan, Kaliket Kaliket Nagar, Bailey Road, Patna-801503 6.

The State of Bihar througjh its Collector, Munger. 7.

The District Land Acquisition Officer, Munger. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Arghesh Kumar, Advocate For IOCL :

Mr. Uday Bhan Singh, Advocate Ms. Kumari Shreya, Advocate For the UoI :

Mr. (Dr.) Priya Gupta, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-07-2024 Heard the learned counsel for the petitioner, the learned counsel appearing on behalf of Indian Oil Corporation Ltd and the learned counsel appearing on behalf of Union of India.

2.

Learned counsel for the Respondent Nos. 2 to 5 submits that petitioner has an alternate remedy by way of appeal before the District Judge in terms of the dispute regarding compensation under Section 10 of the Petroleum and Minerals

Patna High Court CWJC No.14895 of 2022(2) dt.29-07-2024 2/2 Pipelines (Acquisition of Right of User in Land) Act, 1962. 3.

In view of the aforesaid, Learned counsel for the petitioner seeks permission to withdraw the present application with a liberty to approach the concerned District Judge by way of an appeal, and if the petitioner has filed an appeal under Section 10 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 before the concerned District Judge within a period of six weeks, the competent authority (District Judge / concerned District Judge) shall condone the delay in filing the appeal owing to the fact that the matter was pending before this Court for consideration and pass an appropriate order within a period of six weeks from the date of receipt / production of a copy of this order. 4.

With the aforesaid direction / observation, the writ petition stands disposed of.

(Rajesh Kumar Verma, J) Shahnawaz/- U