Nirmal Sah v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7522 of 2020 ====================================================== Nirmal Sah S/o Late Muni Sah, Resident of Village-Bishrampur (Kala), PostKarwandia, P.S. Karwandia, Teh Sasaram, Sasaram, Bihar-821115. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Railway, Govt. of India, 256-A, Raisina Road, Rajpath Area, Central Secretariat, New Delhi, Delhi 110001.

2.

The General Manager, East Central Railway, Hazipur, District-Vaishali844101. 3.

Divisional Railway Manager, European Colony Pandit Deendayal Upadhaya, Uttar Pradesh-232101.

4.

The District Magistrate, Collectorate, Ara-Sasaram Rd., Sasaram, Bihar 821115.

5.

The Chief Administrative Officer (Con), Mahendrughat, Patna-800004. 6.

The District Land Acquisition Officer, Rohtas, Sasaram, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Kumar For the Respondent/s :

Mr.Dr. K.N. Singh ( Asg ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-09-2020 Heard Mr. Puneet Sidhartha, learned counsel for the petitioner and Mr. Devendra Kumar Sinha, learned senior counsel assisted by Mr. Kumar Alok representing the State. In the present case, the petitioner has raised a grievance that during pandemic period, when the entire country was declared to be locked down, the Railway has issued notification dated 9.5.2020 whereby his land situated in Khata No. 14, Thana No. 139, Ward No.8, M.S. Plot No. 3553, M.S. Khata No. 1126, District Rohtas (Sasaram) has been declared to

Patna High Court CWJC No.7522 of 2020(2) dt.11-09-2020 2/3 be acquired for the purpose of construction of railway line. He has further submitted that the plot which is in contemplation for acquisition is his own house and if that land will be acquired, the entire structure will be of no use. He further submits that as during that period, he was not purchasing the newspaper and, as such, he could not know about the said notification issued by the Railway but, as and when, he could know the same, he filed an objection dated 12.6.2020 (Annexure-8) wherein he has given details of the fact and requested for consideration of his grievance raised therein.

Learned senior counsel for the Railway Mr. Devendra Kumar Sinha submits that the petitioner has already filed his application in the form of objection and he has a grievance only for disposal of the objection on merit after taking into consideration the points raised in the objection. In view of the aforesaid submission made by the learned counsel for the petitioner and the counsel for the Railway, let the objection filed by the petitioner dated 12.6.2012 (Annexure-8) in the office of District Land Acquisition Officer, Rohtas, Sasaram be disposed of, if not already disposed of, by the said Authority in accordance with law but, after giving an opportunity of hearing to the present petitioner or his advocate.

Patna High Court CWJC No.7522 of 2020(2) dt.11-09-2020 3/3 With the aforementioned direction, this writ application is disposed of.

Learned counsel for the petitioner is directed to remove the defect, if any, pointed out by the Office. (Shivaji Pandey, J) rishi/- U