Ashok Kumar Jain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1528 of 2003 ====================================================== Ashok Kumar Jain son of Shri Basant Lal Jai, resident of Moh. Muradpur, P.S.Pirbahore, District Patna .... .... Petitioner/s

Versus

1. The State of Bihar through Commissioner-cum-Secretary, Revenue and Land Reforms, Govt. of Bihar, Old Secretariat, Patna

2. The Minister-in-charge, Revenue and Land Reforms Department, Govt. of Bihar

3. The Collector, Bihar, Patna

4. The District Land Acquisition Officer, Patna

5. The Engineer-in-Chief-cum-Additional Commissioner-cumSpl.Secretary, Road Construction Division, Public Works Department, Patna

6. The Senior Project Engineer, Bihar State Bridge Construction Corporation Ltd., Sardar patel Marg, Patna

7. The Union of India through Divisional Railway Manager, East Central Railway, Danapur, Patna

8. The Director, Urban Planning and Architecture, Patna Regional Development Authority, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Verma, Advocate For the Respondent No.6 : Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 24-08-2016 Heard the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondent no. 6. However, none appears on behalf of the remaining respondent nos. 1 to 5 as also the respondent nos. 7 and 8, though the names of the learned counsel appearing on their behalf are printed in the daily cause list.

2. The petitioner has filed the present writ petition seeking a direction to the respondents concerned to abide by the direction issued by the Minister-in-charge, Revenue and Land Reforms Department, Govt. of Bihar, Patna, as contained in Annexure-2 to the writ petition.

3. The learned counsel appearing on behalf of the

Patna High Court CWJC No.1528 of 2003 (4) dt.24-08-2016 2/2 petitioner submits that for identical relief, CWJC No. 168 of 2002 filed by one Shyam Bihari Vishwakarma and others was finally disposed of by order dated 29.01.2002 with following observations and directions:

"Once the Minister Incharge had taken a policy decision, the same should be given due effect by the concerned authorities and in case the authorities are ignoring or violating such policy decision then appropriate remedy for the petitioners is to approach the concerned Minister by filing a representation wherein they should give details of land which is said to be available land also details of their claims for grant of lease on preferential basis. In case such a representation is filed then the Minister Incharge shall look into the grievances of the petitioners in the light of the policy decision contained in Annexure-1 and dispose of the representation expeditiously and preferably within six months."

4. In above view of the matter, the present writ petition is disposed of in identical terms with the order dated 29.01.2002 passed in CWJC No. 168 of 2002 with a liberty to the petitioner to file a comprehensive representation before the respondent no.2 with a certified copy of the present order within a period of four weeks from today, whereafter the representation filed on behalf of the petitioner shall be disposed of expeditiously in accordance with law.

5. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner with respect to the lands claimed by him, as none is appearing on behalf of the respondent State and its functionaries.

6. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Tahir/- U