Patna High Court - Orders
The Union Of India vs Fulpati Kunwar on 12 May, 2023
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.562 of 2023
In
CIVIL MISCELLANEOUS JURISDICTION No.1069 of 2017
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The Union of India & Anr.
... ... Petitioner/s
Versus
Fulpati Kunwar & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Naresh Dikshit, Advocate
Mr. Abhimanyu Deo, Advocate
For the Respondent/s : Mr. Sajid Salim Khan (SC25)
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 12-05-2023The instant application has been preferred by the Railways challenging the award of the Lok Adalat passed in Lok Adalat Case no.278/2013 (arising out of Land Acquisition Case no.13 of 2007).
Learned counsel for the petitioners submits that the Junior Engineer concerned who signed on behalf of the Railways on the award was not authorized.
Learned counsel appearing for the respondent nos.1 and 2 referring to the counter affidavit of respondent no.2 submits that the Junior Engineer concerned was authorized vide authorization letter contained in letter dated 20.11.2013 (Annexure-A) of the Deputy Chief Engineer, Construction, East Central Railway, Mugalsarai.
Call for the records of Lok Adalat Case no.278/2013 Patna High Court CWJC No.562 of 2023(3) dt.12-05-2023 2/2 (arising out of Land Acquisition Case no.13 of 2007) from the Court of learned Sub Judge III, Sasaram, Rohtas.
The record should reach this Court within four weeks. Further, the petitioners-Railways are directed to file a reply to the counter affidavit of respondent no.2 and specifically to the averment made in paragraph no.5 of the counter affidavit read with the letter of authorization dated 20.11.2013 (Annexure-A).
Put up on 4.7.2023 at the same position.
(Partha Sarthy, J) Saurabh/-
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