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Calcutta High CourtWPA/2744/2023dismissed

Jogeswari Singh Babu v. Union Of India And ORS.

2026-05-13Hon'Ble Justice Bivas Pattanayak3 pages

13.05.2026 Sl. No.44(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 2744 of 2023 With CAN 1 of 2024 (Specially Assigned) Jogeswari Singh Babu

Versus

Union of India & Ors.

Mr. Niraj Gupta ...for the Petitioner.

Ms. Manika Roy ...for the NHAI.

Mr. Uttiya Ray, Mr. Atish Santra ...for the Respondent Nos.8, 9 & 10.

1. By the present writ petition, the petitioner seeks direction upon the respondent authorities not take any steps in view of the representation dated 11th December, 2019 and learned Advocate's letters dated 30th September, 2022 and 28th October, 2022 towards disbursement of compensation in favour of the respondent Nos.8, 9 and 10.

2. During the pendency of the writ petition, the respondent No.10, Laxman Singh has expired and an application being CAN 1 of 2024 has been filed seeking for substitution of legal heirs of the deceased respondent No.10.

3. Such prayer has not been disputed by the answering respondents.

4. Accordingly, let the legal heirs of respondent no.10 be substituted as respondent nos. 10A, 10B and 10C respectively.

5. Liberty is granted to the petitioner to make necessary correction in the array of respondent in the cause title of the writ petition.

6.

As such, CAN 1 of 2024 stands disposed.

7. Mr. Niraj Gupta, learned Advocate for the petitioner submits that the petitioner made a representation before the authority seeking not to disburse the compensation in favour of the private respondents. He seeks that representation made by the petitioner be relegated to the appropriate authority concerned for due consideration.

8. Mr. Uttiya Ray, learned Advocate for the private respondents as well as Ms. Manika Roy, learned Advocate for the NHAI submits that compensation has already been disbursed. Therefore, nothing remains to be decided in the present writ petition. Both of them seek for dismissal of the writ petition.

9. Perused the report of the State-respondents.

10. It is found from the aforesaid report that the compensation has already been disbursed in favour of the awardees. Thus, the prayer made in the writ petition has become infructuous.

11. Accordingly, the writ petition being WPA 2744 of 2023 stands dismissed.

12. Interim order, if any, stands vacated.

13. All connected applications, if any, stand disposed of.

14. There shall be no order as to costs.

15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

16. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)