Barmeshwar Nath v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15598 of 2022 ====================================================== 1.

Barmeshwar Nath son of Late Rajeshwari Prasad Sinha resident of Ward No. 31, Neelkothi, PNB Bank Gali, P.S.- Dehri, District- Rohtas. 2.

Vijay Shankar Sinha son of Late Rajeshwari Prasad resident of Ward No. 31, Neelkothi, PNB Bank Gali, P.S.- Dehri, District- Rohtas. ... ... Petitioner/s

Versus

1.

The Union of India through Secretary, Minister of Road, Transport and Highways, Government of India.

2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Project Director, National Highways Authority of India, Varanasi. 4.

The Project Director, National Highways Authority of India, Project Implementation Unit, Sasaram.

5.

The Director-cum-Special Secretary, Land Acquisition, Government of Bihar, Patna.

6.

The Collector, Rohtas at Sasaram.

7.

The District Land Acquisition Officer, Rohtas at Sasaram. 8.

The District Registration Officer, Rohtas at Sasaram. 9.

The Circle Officer, Dehri, Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh No.10, Advocate Mr. Rakesh Kumr Ranjan, Advocate For the State :

Ms. Prakritita Sharma, AC to SC 25 For the NHAI :

Mr. Raghwanand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-05-2023 Heard the parties.

The petitioners have filed the instant application for the following relief(s) :- "(I) For issuance of a direction upon the respondent authorities to remove the restrictions of sale on the rest land of Petitioner bearing Khata No. 437/111,

Patna High Court CWJC No.15598 of 2022(6) dt.08-05-2023 2/3 plot No. 141/63 and Khata No. 436/133, Plot No. 142/80 total Area (31.50-4.71) = 26.79 Decimal,which has not acquired by authority in Land Acquisition Case No. 18 of 2010-11.

(II) For issuance of a direction upon the respondent authorities to not disturb in making any construction or other works in the rest land of petitioners bearing Khata No. 437/111, plot No. 141/63 and Khata No. 436/133,. Plot No. 142/80 total Area 26.79 Decimal. (III) For any other relief/reliefs, which the Hon'ble Court may be grant to the petitioner in the interest of justice."

A counter affidavit and a supplementary counter affidavit have been filed on behalf of the respondents. Statement made in paragraph no. 6 of the supplementary counter affidavit filed on behalf of the respondent nos. 6 to 9 which has been sworn by the District Land Acquisition Officer, is reproduced herein below for ready reference :

"6. That, rest 26.78 decimal of land of petitioner belongs to khata no. 437/111 plot no. 141/63 mentioned in order dated 20.02.2023 Passed respondent no. 8, i.e. The District Registration officer, Rohtas by which restriction of sale has been removed."

In view of the above, Sri Sunil Kumar learned counsel for the petitioners submits that the relief prayed for by the petitioners having been redressed, he no longer wishes to pursue

Patna High Court CWJC No.15598 of 2022(6) dt.08-05-2023 3/3 the instant writ application and seeks permission to withdraw the same.

In view of the above, the writ application is disposed of as withdrawn.

(Partha Sarthy, J) Prakash/- U