Sambhu Prasad And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4824 of 2018 ====================================================== 1.
Sambhu Prasad, son of Jag Lal Prasad, Resident of Village- Bharpura, P.S.- Sonpur, District- Saran.
2.
Yogesh Kumar, son of Shambhu Prasad, Resident of Village- Bharpura, P.O. + P.S.- Sonpur, District- Saran.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.
The Land Acquisition Officer, Saran, District- Chapra. 3.
The General Manager, East Central Railways, Hajipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y. C. Verma, Sr. Advocate Mr. Anuj Kumar, Advocate For the Respondent/s :
Mr. Majid Mahboob Khan, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 12-09-2024 Heard Mr. Yogesh Chandra Verma, learned Senior Advocate for the petitioners and the learned Advocate for the State.
2. The petitioners by invoking the jurisdiction of this Court seeking a direction upon the respondents, especially respondent no.3 to appoint the petitioner no. 2 against Group- 'D' post under the East Central Railways, Hajipur, as the respondents had undertaken to tender appointment of one of the dependents of all the persons, whose lands were acquired by the Railways for construction of Rail Ganga Bridge vide D.O.
Patna High Court CWJC No.4824 of 2018 dt.12-09-2024 2/3 Letter dated 27.01.2006.
3. In support of the aforesaid contention, learned Senior Advocate for the petitioners contended that the case of the petitioners was based on a judgment rendered by the learned Single Judge of this Court in C.W.J.C. No. 21778 of 2019 (Smt. Sumitra Dvi & Ors. Vs. The Union of India & Ors) and other analogous cases.
4. However, learned Senior Advocate fairly contended that against the order passed by the learned Single Judge, the Union of India has preferred Letters Patent Appeal, bearing L.P.A. No. 465 of 2022 and other analogous appeals, wherein the learned Division Bench of this Court vide judgment/order dated 21.03.2024 set aside the order dated 06.07.2022 passed by the learned Single Judge, while allowing the Letters Patent Appeals. The respondents before the learned Division Bench on being aggrieved preferred SLP (C), bearing Diary No. 29607 of 2024, (Santosh Kumar Singh & Anr. Vs. The Union of India & Ors.), which is said to have been filed on 08.07.2024.
5. In view of the aofresaid facts, learned Senior Advocate for the petitioners submits at the Bar that the matter has been kept pending since 2018 and now the matter has
Patna High Court CWJC No.4824 of 2018 dt.12-09-2024 3/3 travelled up to the Hon'ble Supreme Court, let an adjournment be given in the matter, in order to get some order from the Hon'ble Supreme Court.
6. At this juncture, learned Advocate for the State submits that since the issue has already been set at rest by the learned Division Bench of this Court in L.P.A. No. 465 of 2022 and other analogous cases, the grievance of the petitioners, as raised before this Court in the present writ petition stands no more survive.
7. In view of the submissions advanced and taking note of the fact that the matter is pending before the Hon'ble Supreme Court, the writ petition stands disposed off with a liberty to the petitioners to file a fresh application, if any order passed in favour of the identically situated persons, either before this Court or before the competent authority. (Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.09.2024 Transmission Date NA