Heard learned counsel for the petitioners and learned counsel for the respondents.

The petitioners have filed the instant application for the following relief(s):

119D Bharatmala Amas to Ram Nagar Section by the competent authority cum District- land acquisition officer, Patna (respondent No.7) as contained in annexure-4 to this writ application whereby and where under the (District land acquisition officer) directed/ informed them (Petitioners land owners) to appear before him on 13.08.2021 with their respective documents of their plots of land which Patna High Court CWJC No.19409 of 2021(2) dt.28-04-2023 3/4 were going to be acquired and obtain the enumerated compensation amount of money of their alleged plots of land.

(ii) For issuance of a writ in the nature of mandamus in order to command the respondents to consider the objection comprising in an application dated 10.10.2020 assigned by the petitioners contained as Annexure 3 to this writ application as well as further directed them to treat the plots of land of the petitioners as residential/ commercial in place of agriculture and further also directed them (respondents) to render them (Petitioners) the compensation by enumerating at the rate of residential/commercial.

(d) For issuance of writ in the nature of mandamus commanding and directing the respondents authority to pass and appropriate order after hearing the parties on the objection petition dated 19.08.2021 and 21.08.2021 respectively contained as annexure-5 series filed by the petitioners after issuing the notice dated 29.07.2021 before the District land acquisition officer, Patna and further directed him to modify the compensation amount which was inadequate and the contravention of the National Highway Act 1956 and ascertained once again by reckoning the said compensation amount at the rate of residential/ commercial land along with 12% interest in view of the provision laid down in the National Highway Act 1956 as well as Right to fair compensation and transparency in land acquisition, Rehabilitation and resettlement Act 2013.

(iv) For issuance of an appropriate writ Patna High Court CWJC No.19409 of 2021(2) dt.28-04-2023 4/4 restraining the respondents from taking any step in the way of constructing the said highway without paying the proper compensation amount or till the disposal of this writ application.

(v) For issuance of any other writ/writs, direction/ directions to the respondents authorities to grant the relief/reliefs to the petitioners for which they are found to be entitled."

After some argument, learned counsel for the petitioners seeks permission to withdraw this application to move before the appropriate Authority for filing a petition under section 3G(5) of the National Highways Act, 1956.

In case such an application is filed, the Authority concerned shall proceed to decide the same in accordance with law.

This writ application is disposed of with the aforesaid liberty giving direction to the Authority concerned to decide the application filed by the petitioners within a period of six months from the date of its filing.

(Partha Sarthy, J) Saurabh/-