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Patna High CourtCWJC/19726/2015dismissed

Ramesh Pandit And ORS v. The Union Of India And ORS

2023-03-23Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19726 of 2015 ====================================================== 1.

Ramesh Pandit son of Gobind Pandit Resident of village - Barhait, Post - Sukiya Barhait, Police Station - Bounsi, District - Banka. 2.

Prabhu Pandit son of Gobind Pandit Resident of village - Barhait, Post - Sukiya Barhait, Police Station - Bounsi, District - Banka. 3.

Jaldhar Pandit son of Late Mahabir Pandit Resident of village - Barhait, Post - Sukiya Barhait, Police Station - Bounsi, District - Banka. 4.

Hari Nandan Pandit son of Late Mahabir Pandit Resident of village - Barhait, Post - Sukiya Barhait, Police Station - Bounsi, District - Banka. 5.

Sukho Devi Wife of Late Haldhar Pandit Resident of village - Barhait, Post - Sukiya Barhait, Police Station - Bounsi, District - Banka. 6.

Shankar Pandit Son of Late Bishwa Nath Pandit Resident of village - Barhait, Post - Sukiya Barhait, Police Station - Bounsi, District - Banka. 7.

Shaligram Pandit Son of Late Vipat Pandit Resident of village - Barhait, Post - Sukiya Barhait, Police Station - Bounsi, District - Banka. 8.

Radha Kapri son of Hitan Kapri Resident of village - Sikandarpur, Post - Shyam Bazar, Police Station - Bounsi, District - Banka. 9.

Bhudeo Mandal @ Bhudeo Yadav Son of Late Pram Marhar & Pran Yadav Resident of village - Barmasiya, Post -Shyam Bazar, Police Station - Bounsi, District - Banka.

10.

Mahesh Pandit Son of Late Gobind Pandit Resident of village - Barhait, Post - Sukiya Barhait, Police Station - Bounsi, District - Banka. 11.

Nirmal Gouswami Son of Late Suphal Gouswami Resident of Village Post - Sukiya Barhait, Police Station - Bounsi, District - Banka. ... ... Petitioner/s

Versus

1.

The Union Of India through the Secretary, Department of Railway (Ministry of Railway), Rail Bhawan, New Delhi.

2.

The Secretary, Department of Railway Ministry of Railway, Rail Bhawan, New Delhi.

3.

The General Manager, Eastern Railway - 17, Netaji Subhash Road, Have Street Kolkata, West Bengal.

4.

The Chief Administrative Officer Construction, Eastern Railway - 14, Strand Road, Kolkata W.B..

5.

The Deputy General Manager, Eastern Railway - 17, Netaji Subhash Road, Have Street, Kolkata W.B..

6.

The Divisional Railway Manager, Eastern Railway Malda W.B.. 7.

The Deputy Chief Engineer Construction, Eastern Railway, Bhagalpur, Bihar.

8.

The State of Bihar.

9.

The District Magistrate, Banka.

Patna High Court CWJC No.19726 of 2015(2) dt.23-03-2023 2/3 10.

The District Land Acquisition Officer, Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Balram Kapri, Advocate For the Respondent/s :

Mr.Ajay- GA 12 For U.O.I.

:

Mr. Abhay Shankar Jha, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-03-2023 The present writ petition has been filed seeking the following reliefs :- "(i) For issuance of direction upon the respondent authorities commanding upon them to treat the petitioners at par with other similarly situated persons for providing employment on account of acquisition of their land by the respondents for the purposes of construction of Mandar Hill to Rampur Hat Board Gauge Railway Line.

(ii) for further direction upon the respondent authorities to forthwith provide employment to one family members of the petitioners in pursuance of their circular issued vide Circular no. E(NG)II/89 RC-2/38 dated 10.11.1989.

(iii) For further direction upon the respondent authorities to act upon their own notification issued under the signature of the Deputy Director, Estt. (N) II, Railway Board, New Delhi dated 16.07.2010 addressed to the General Manager (P) to all the Zonal

Patna High Court CWJC No.19726 of 2015(2) dt.23-03-2023 3/3 Railways/ Production Units whereby guideline has been issued for appointment of land losers affected by land acquisition for railway project."

After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies, as are otherwise available under the law. Liberty so sought, is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) rinkee/- U