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Patna High Court

Babita Devi and OrsversusThe Union Of India and Ors

Decided
Disposal
WITHDRAWN

Holding

The petition was disposed of as withdrawn.

Summary

The petitioners, who were displaced by land acquisition for the construction of a rail‑cum‑road bridge over the Ganga, filed a writ petition seeking a mandamus directing the railway authorities to appoint them in lieu of the acquired lands. They relied on a decision of the Railway Board and the Government of Bihar to provide Railway Group D and C services to one member of each displaced family. The petition was argued before the Patna High Court. During the hearing, counsel for the petitioners indicated that the case had become infructuous and sought permission to withdraw the petition. The Court allowed the withdrawal and disposed of the petition as withdrawn.

Issues considered

  • Whether a writ of mandamus can be issued directing appointment of displaced persons in lieu of land acquired for a railway bridge

Subjects

  • land acquisition
  • railway bridge
  • mandamus
  • displacement
  • writ jurisdiction
  • petition withdrawn

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4815 of 2015
                 ======================================================
           1.     Babita Devi and Ors wife of Tarkeshwar Singh
           2.    Munni Devi wife of Sunil Singh
           3.    Ajay Singh son of Late Indradeo Singh
           4.    Sanjay Singh son of Late Indradeo Singh All are resident of Village-
                 Dudhaila, P.O. and P.S.-Sonepur, District-Saran.

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The Union Of India and Ors
           2.    The Divisional Railway Manager, Sonepur Rail Division, Sonepur, District-
                 Saran.
           3.    The Chief Administrative Officer Construction, East Central Railway,
                 Mahendru Ghat, Patna.
           4.    The Deputy Chief Engineer Construction, Ganga Rail-cum-Road Setu, East
                 Central Railway, Digha, Pat
           5.    The District Magistrate, Saran, Chapra.
           6.    The District Land Acquisition Officer, Saran, Chapra.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Awadhesh Kumar Singh, Adv.
                 For the Respondent/s   :        Mr. Ajay Behari Sinha, GA-8
                                                 Mr. Neeraj Raj, AC to GA-8
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-01-2026                  Heard the parties.

                                 The present application has been preferred for the

                   following reliefs:

                                                      for     issuance   of    a     writ     of
                                            mandamus commanding the respondents-
                                            authorities for appointment of the petitioners
                                            in lieu of their lands acquired by the
                                            authority for construction of Rail-cum-Road
                                            bridge over Ganga near Digha Ghat, Patna
         Patna High Court CWJC No.4815 of 2015(3) dt.12-01-2026
                                                     2/2




                                           to Pahleza Ghat, Sonepur in light of decision
                                           taken by the Railway Board and Government
                                           of Bihar to provide Railway Group D and C
                                           services to one person of displaced family
                                           for construction of Rail Ganga Bridge,
                                           Patna.
                               3. Learned counsel for the petitioner submits that the

                   case has become infructuous and as such, he may be permitted

                   to withdraw the petition.

                               4. Accordingly, the same is disposed of as withdrawn.




                                                 (Rajiv Roy, J)
niku/-

U


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