Dinbandhu Kumar @ Dinbandhu Kumar Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2843 of 2017 ====================================================== Dinbandhu Kumar @ Dinbandhu Kumar Sharma, S/o Late Shashi Nath Sharma, R/o Village- Taret, P.S.- Naubatpur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Patna.

2. The Sub-Divisional Officer, Danapur, Patna.

3. The Block Development Officer, Naubatpur, Police Station- Naubatpur, District- Patna.

4. The Circle Officer, Naubatpur, District- Patna.

5. The Officer-in-Charge, Naubatpur, Patna.

6. M/S K. Ram Chandra Rao, Transmission Project Pvt. Ltd., Hyderabad, Local Office- Gaurichak, Bihta within the District of Patna, Local Office- Khajpura, Ashiana, Patna, 4th Floor, Flat No.- 405- Apartment, Madanpur Sri Manish Kumar (IAS) Man Bihar State, Power Transmission Limited.

7. Land Acquisition Officer, Patna.

8. The South Bihar Power Distribution Company through its Secretary, Bidyut Bhawan, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Sharma Mr. Pramod Kumar For the Respondent/s : Mr. Ritesh Kumar For the State Mr. Rishi Raj Sinha- SC-19 Mr.birendra Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER ------------- 03-05-2017 Heard the parties.

2. Admittedly, prior to filing of this writ petition, the petitioner had filed C.W.J.C. No.13466 of 2015 for the same relief(s) and the aforesaid C.W.J.C. No. 13466 of 2015 was disposed of by a co-ordinate Bench of this Court vide order dated 28.06.2016, giving liberty to the petitioner to file comprehensive representation before the District Magistrate, Patna, with certified

Patna High Court CWJC No.2843 of 2017 (2) dt.03-05-2017 2/2 copy of order dated 28.06.2016 passed in C.W.J.C. No. 13466 of 2015 within a period of one month from the date of passing of the aforesaid order and the District Magistrate, Patna, was directed to decide the claims/ objections raised by the petitioner strictly in accordance with law by passing a reasoned and speaking order. However, the petitioner could not file representation before the District Magistrate, Patna within the period as fixed by the aforesaid order dated 28.06.2016 passed in C.W.J.C. No.13466 of 2015 and, thereafter, petitioner filed M.J.C. No. 2877 of 2016 for review of the aforesaid order dated 28.06.2016 passed in C.W.J.C. No. 13466 of 2015 but a co-ordinate Bench of this Court refused to review the aforesaid order dated 28.06.2016 passed in C.W.J.C. No. 13466 of 2015 and dismissed the aforesaid M.J.C. No.2877 of 2016 vide order dated 26.10.2016.

3. Therefore, in my view, it would not be proper for this Court to reconsider and reopen the same dispute and, therefore, this writ petition stands dismissed. However, the petitioner may challenge the order dated 28.06.2016 passed in C.W.J.C. No. 13466 of 2015 as well as the order dated 26.10.2016 passed in M.J.C. No. 2877 of 2016 in accordance with law. (Hemant Kumar Srivastava, J) N.K/- U