Extracted from the PDF above. The PDF is authoritative.
S/L 13
21.08.2026 Court. No. 25
suvayan WPA 2861 of 2025
Sambhunath Hazra Vs. Union of India & Ors.
Mr. Syed Arif Ahmed
…for the petitioner.
Mr. Biswanath Chatterjee
Ms. Sayonee Bera
Mr. S. K. Pathak …for the respondent nos. 2 and 3.
1. The dispute in the present writ application is that the damage/compensation assessed by the HPCL is denied by the petitioner. Now the petitioner submits that as per Section 10 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, the petitioner is intending to move before the appropriate Court and prayed for withdrawal of the writ application with the liberty to file an appropriate application before the appropriate forum.
2. Learned counsel appearing for the HPCL raised the objection that, if any, application is filed by the petitioner before the learned District Judge, the same would be barred by limitation. He referred the Rule 5 of the Petroleum Rule, 1963 and submits that as per the Rule the petitioner had to apply before the District judge within 90 days from the date of the order but in the present case, the order was passed on April 19, 2025 and the petitioner has filed the present writ application on January 30, 2025.
2
3. As the petitioner intending to withdraw the present writ application and as such this Court has not gone into the objection raised by the learned counsel for the HPCL.
4. Accordingly, the writ petition is dismissed as withdrawn with the liberty to the petitioner to approach before the appropriate forum in accordance with law. If the HPCL raised any point of limitation the same shall be considered by the concerned authority in accordance with law.
(Krishna Rao, J.)