Quashed

Prince Kumar Mishra (NH-227A- Ram Janki Marg (Rajapatti-Faizullahpur-Chakla Section) Pkg- Ii) v. The Union of India

Patna HC26 Jul 2023CWJC/3138/2022

Case brief

AI extract

What is this about?

Petitioner challenged NH227A road project. Court stayed proceedings and closed writ due to NHAI disassociation and DPR preparation stage, reserving liberty for restoration.

What did the court decide?

Writ petition closed with liberty to seek restoration if there is further delay in project preparation or construction.

What the court decided

Prince Kumar Mishra (NH-227A- Ram Janki Marg… — Public Procurement and Tenders | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3138 of 2022

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Prince Kumar Mishra (NH-227A- Ram Janki Marg (Rajapatti-FaizullahpurChakla Section) PKG- II) Son of Awadhesh Narayan Mishra, Resident of Village- Bharpurwa, P.O. - Bharpurwa, P.S. - Vijayeepur, District - Gopalganj.

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... ... Petitioner/s

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Versus

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The Union of India through the Secretary, Department of Ministry of Road Transport and Highway Authority of India, New Delhi.

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The Secretary, Department of Ministry of Raod Transport and Highway Authority of India, New Delhi.

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The National Highway Authority through its Chairman.

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The Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna.

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The District Magistrate, East Champaran.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Prince Kumar Mishra, (In Person) For the Respondent/s : Dr. K.N. Singh, ASG (NHAI) Mr. Marya V. Chandra, Advocate Mr. Devansh Shankar Singh, Advocate Mr. Shivaditya D. Singh, Advocate ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 26-07-2023

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The subject matter of the writ petition relates to NH227A- Ram Janki Marg (Rajapatti-Faizullahpur-Chakla Section, Package- II).

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It is submitted by the learned senior counsel appearing for the National Highways Authority of India (in short ‘NHAI’) that earlier the proposal was to build a two lane road which has now been changed to a four lane. In the

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Patna High Court CWJC No.3138 of 2022 dt.26-07-2023

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2/2

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circumstances of the modification, the NHAI is no more associated with the construction and the Ministry of Road Transport and Highways, Government of India is now at the stage of preparing a DPR. In such circumstances, the writ petition need not be kept pending is the submission.

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It is also submitted that the proposal would be to involve the State Highway Division for the purpose of construction of the road.

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We have also been shown the communication with respect to that.

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In the above circumstances, we are of the opinion that the writ petition can be closed, however, leaving liberty to any of the parties including the State Government to seek for restoration, if there is further delay in the project preparation or the construction after the preparation of the project.

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(K. Vinod Chandran, CJ)

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(Partha Sarthy, J)

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Prakash/avinash

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AFR/NAFR
CAV DATE	N/A
Uploading Date	31.07.2023
Transmission Date	N/A

Prince Kumar Mishra (NH-227A- Ram Janki Marg (Rajapatti-Faizullahpur-Chakla Section) Pkg- Ii) v. The Union of India

Case brief

What is this about?

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What the court decided

Prince Kumar Mishra (NH-227A- Ram Janki Marg (Rajapatti-Faizullahpur-Chakla Section) Pkg- Ii) v. The Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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