Krishna Kumar Singh And ANR v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5695 of 2019 ====================================================== 1.
Krishna Kumar Singh Son of late Dwarika Singh Resident of Village and Post- Arai, Police Station- Atri, District- Gaya. 2.
Prince Kumar Son of Kaushlesh Singh Resident of Araikeshopur, Post- Arai, Police Station- Atri, District- Gaya.
... ... Petitioner/s
Versus
1.
The Union of India through the Secretary, Ministry of Railways, Rail Bhawan, New Delhi.
2.
The General Manager, Eastern Railway, 17, Netaji Subhash Road, Kolkta, West Bengal.
3.
The General Manager, East Central Railway, Zonal Office, Hajipur, DistrictVaishali Bihar. 4.
The Divisional Railway Manager, Mugalsarai Division, 5.
The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.
6.
The District Magistrate, Gaya.
7.
The District Land Acquisition Officer, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh For the Respondent/s :
Mr.Md. Khurshid Alam (AAG-12) For Union of India : Mr. Anil Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-03-2019 The petitioners are seeking direction to the respondents to provide employment under the scheme of the Government of India, on account of acquisition of land of petitioner No.2 who is grandfather of petitioner No.1.
2. It is the petitioners' case that the petitioners have been dispossessed and rendered landless on account of acquisition of land for construction of new railway line, viz,
Patna High Court CWJC No.5695 of 2019(2) dt.29-03-2019 2/2 Rajgir-Hisua-Tilaiya. This is not in dispute that the said land was acquired in the year 2002 and the petitioner No.2 appears to have made his claim for employment under the scheme of the Government of India for the first time, in the year 2017, i.e., 15 years after acquisition of land. The only explanation which is being put forth for the delay in approaching this Court is that only after Division Bench decision dated 03.10.2017, passed in LPA No. 1981 of 2015 (Himanshu Kumar Choubey Vs. Union of India and ors), the petitioners considered it appropriate to approach this Court.
3. In my view, the petitioners cannot rely on the said decision for the relief, which he is claiming in the present writ application, which has been filed 17 years after requisition of the land.
4. This Court in case of Mandvi Devi and others Vs. Union of India & ors passed in CWJC No. 16747 of 2016 disposed of on 26.02.2019 has refused to entertain such claim on the ground of delay and latches.
4. In view of this above, this application cannot be entertained and it is, accordingly, dismissed. arun/- (Chakradhari Sharan Singh, J) U