Petitioner withdrew the writ application with liberty to file a fresh one, as the writ had become infructuous due to tower construction and alternative courses for compensation were suggested.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10457 of 2016
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Sayed Tasveer Mustafa son of Riyaz Mustafa resident of Village- Chandan Patti, Police Station- Ashok Paper Mill, District- Darbhanga.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Md. Fakhruddin Ali Ahmad, Advocate For the Respondent/s : Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kumar Verma, Advocate Mr. Akhileshwar Singh, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
6 17-04-2019 Learned counsel for the petitioner submits that he wants to withdraw this writ application with liberty to file a fresh writ application.
In course of hearing, Mr. Vinay Kirti Singh, learned senior counsel for the North Bihar Power Distribution company Limited submits that so far as the writ application is concerned, it has already become infructuous as the towers have already been erected on the land. It is pointed out that the petitioner has now filed I.A. No. 1564/2018 in which he is praying for adding the relief whereunder the respondents be directed to give compensation for construction of tower on the raiyati land of the
Patna High Court CWJC No.10457 of 2016(6) dt.17-04-2019 2/2
petitioner. Learned senior counsel submits that for purpose of and to get compensation the petitioner has got adequate remedy available in law by filing an appropriate application before the District Judge.
In the aforesaid view of the matter, the writ application is permitted to be withdrawn with liberty to the petitioner to seek his remedy in accordance with law.
(Rajeev Ranjan Prasad, J)
Rajeev/-
U
Sayed Tasveer Mustafa
State Of Bihar
Bihar State Power Holding Company Limited
Superintending Engineer
Collector
Circle Officer
Rajeev Ranjan Prasad
As recorded by the court registry
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