Ashok Prasad v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16752 of 2024 ====================================================== Ashok Prasad, S/o Chhotelal Prasad, Resident at Village- Mangalpur Ward No.- 02, P.S.- Bagaha (Pahkhauli O.P.) District- West Champaran. ... ... Petitioner/s
Versus
1.
The Union of India through its Principal Secretary, Road Construction Department New Delhi.
2.
The State of Bihar, through its Principal Secretary, Road Construction Department, Vishwasharaiya Bhawan, Bailey Road, Patna. 3.
The Engineer in Chief, National Highway Division, Vishwasharaiya Bhawan, Baily Road, Patna.
4.
The Chief Engineer, Road Construction Division, North Wing, Vishwasharaiya Bhawan, Bailey Road, Patna.
5.
The Superintending Engineer, National Highways, N.H. Circle, Muzaffarpur.
6.
The Executive Engineer, N.H. Division, Motihari. 7.
The Assistant Engineer, N.H. Division, Motihari. 8.
The Junior Engineer, N.H. Division, Motihari. 9.
The District Magistrate, Bettiah, West Champaran. 10.
The S.D.M. Bagaha, West Champaran.
11.
The Circle Officer, Bagaha-2, West Champaran. 12.
The Competent Authority -cum- District Land Acquisition Officer, Bettiah, West Champaran.
13.
The Director, C.E. Testing Company Pvt. Ltd., 124 A.N.S.C. Bose Road, Kolkatta-700092.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suresh Prasad Sharma For the State :
Mr. Yogendra Prasad Sinha- AAG-7 Mr. AC to AAG-7 For Union of India :
Mr. Additional Solicitor General Ms. Punam Kumari Singh-C.G.C.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-10-2024
1. Heard learned counsel for the petitioner, the learned Central Government Counsel for the Union of India and learned AC to AAG-7 for the State.
Patna High Court CWJC No.16752 of 2024(2) dt.29-10-2024 2/3
2. The learned counsel for the petitioner submits that the land pertaining to Thana No.142, Jamabandi No.488, Plot No.02, Page No.55, Khata No.02, Plot No.192, Area 0.02 decimal at Mauza- Mangalpur belongs to the petitioner. It is submitted that the land was acquired by the State Authorities, but then, no compensation till date has been paid.
3. The learned counsel appearing on behalf of the State submits that from perusal of Annexure-2 to the writ application, which is a Memo issued by the Incharge Officer, District Legal Cell, West Champaran i.e. Memo No.1849 dated 17.05.2023, it would manifest that the same records that the petitioner was directed to remain physically present before the Collector on 26.05.2023 along with all the relevant documents relating to the land for establishing his claim, thereafter it is submitted that from pleadings made in the writ application, it appears that petitioner never appeared before the Collector in pursuance of the Memo No.17.05.2023.
4. At this stage, the learned counsel appearing on behalf of the petitioner seeks permission to withdraw the instant writ application with liberty to move before the Collector, West Champaran at Bettiah for redressal of his grievance.
5. Permission is accorded.
Patna High Court CWJC No.16752 of 2024(2) dt.29-10-2024 3/3
6. Accordingly, instant writ petition is dismissed as withdrawn with the liberty aforesaid.
(Satyavrat Verma, J) vikash/- U