Madhya Pradesh High Court
Rajesh Soni vs National Highway Authority Of India on 6 August, 2020
Author: Chief Justice
Bench: Chief Justice
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THE HIGH COURT OF MADHYA PRADESH
W.P. No.8723/2020
(Rajesh Soni Vs. National Highway Authority of India and others)
Jabalpur, Dated: 6.8.2020
Hearing through Video Conferencing.
Dr. Anuvad Shrivastava, Advocate for the petitioner.
Shri Mohan Sausarkar, Advocate for respondents/National Highway
Authority of India.
Shri Swapnil Ganguly, Dy. Advocate General for respondent/State. The petitioner has approached this Court under Article 226 of the Constitution of India claiming the following reliefs :-
"A. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to direct the respondents to construct the truck lay bay proportionally over Khasra No.121/1 and 135/3 of Village Mandanpura District Katni.
B. The Hon'ble Court may further be pleased to direct the respondents to pay the increased compensation within specified period with penal interest.
C. Any other relief as deemed fit and proper in the circumstances of this case, along with the cost of this writ petition be also awarded.
Learned counsel for the National Highway Authority of India has referred to the order dated 3.1.2019 passed in W.P. No.29639/2018 (Annexure R-5) to contend that earlier the petitioner had approached this Court for the similar reliefs and had withdrawn the said writ petition with liberty to avail the remedies available to the petitioners under Common Law as well as under the provisions of Arbitration and Conciliation Act, 1996. It was further urged that the petitioner had concealed the aforesaid
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fact in the present petition.
Faced with this situation, learned counsel for the petitioner prays that he may be allowed to withdraw the present writ petition with liberty to the petitioner to take recourse to the remedy as may be available to him in accordance with law.
Accordingly, this petition is dismissed as withdrawn. It shall be open for the petitioner to take recourse to the remedies as may be available to him in accordance with law.
(AJAY KUMAR MITTAL) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
Anchal
Digitally signed by
ANCHAL KHARE
Date: 2020.08.06
14:07:23 +05'30'