Sarwar Faiz v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18364 of 2019 ====================================================== Sarwar Faiz S/o Anwar Azam Permanent Resident of Village- Gilani, P.S. Sare, District- Nalanda, Presently at Mohalla- Judge Colony, Pethiya Bazar, P.S.- Phulwarisharif, District- Patna.
... ... Petitioner/s
Versus
1.
The Union of India through Secretary, Ministry of Road Transport and Highways, New Delhi.
2.
The Secretary, Ministry of Road Transport and Highways, Government of India.
3.
The State of Bihar through Collector, Nalanda at Biharsharif. 4.
The District Land Acquisition Officer, Nalanda. 5.
The Project Director, NHAI, Project Implementation Unit, D- 63, Shri Krishna Puri, Patna- 1.
6.
The Circle Officer, Asthawan Block, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
None For the Respondent/s :
Mr. Birendra Prasad Singh, AC to SC-19 For the NHAI :
Mr. Sanat Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-01-2026 No one appears on behalf of the petitioner though learned counsel for the State as also learned counsel representing the NHAI are present.
2. The present petition has been preferred for the following relief(s):
"i) For issuance of writ/order/ direction in the nature of mandamus Commanding the Respondents to widen NH 82 Road as per the Notification dated 07.07.2018 published vide
Patna High Court CWJC No.18364 of 2019(4) dt.20-01-2026 2/3 Extraordinary, Part-II-Section 3-sub-Section (ii) which is no way disturbing the Kabristan situated over Plot No. 1086, 1079 and 1388 both sides of the present Road for which Notification has already been published and list of land under acquisition has also been published vide the same Notification.
ii) For direction upon the Respondents not to divert the plan decided as per the Notification dated 07.07.2018 otherwise the Graveyard situated over the both sides of the road will be affected.
iii) For direction upon the Respondents not to act 1 against the interest of the Muslim society and also not act against the provision enumerated under Article 13. 23, 25 and 26 of the Constitution Of India.
iv) For Direction upon the Respondents to follow the procedure given under NH Act, 1956 for acquisition of land and publish the Declaration under section 3D of the said Act in relation to the land published under Notification dated
Patna High Court CWJC No.18364 of 2019(4) dt.20-01-2026 3/3 07.07.2018.
v) For restraining the Respondents from widening the Road over the Public Graveyard in the fact that Notification has already been published for widening of NH 82 leaving the graveyard and the same was diverted.
vi) To any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case."
3. On 04.04.2025 too, when the matter was taken by the Coordinate Bench, there was no appearance.
4. It seems that the petitioner has lost interest in the case. Accordingly, the writ petition stands dismissed for nonprosecution. (Rajiv Roy, J) Adnan/- U