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Patna High CourtCWJC/19203/2015dismissed

Pradeep Kumar Yadav 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.19203 of 2015 ====================================================== 1.

Pradeep Kumar Yadav son of Dhaneshwar Prasad Yadav 2.

Sanjay Kumar@Sanjiv Kumar son of Mani Mohan Yadav 3.

Amrit Prasad Yadav son of Late Tarni Manjhi 4.

Braj Nandan Prasad @ Braj Nandan Yadav son of Late Tarni Manjhi 5.

Manijar Prasad Yadav son of Late Kalru Manjhi 6.

Baleshwar Yadav son of Late Kalru Manjhi 7.

Shyam Sundar Yadav son of Late Kalru Manjhi All the Resident of villageManikchak, P.S. and District- Banka 8.

Prabhas Kumar son of Late Chulhai Yadav @ Chulai Yadav, Resident of village- Jagatpur, P.S. and District- Banka 9.

Mulhai Yadav @ Mulai Yadav son of Late Gulabi Yadav, Resident of village- Jagatpur, P.S. and District- Banka 10.

Praphull Kumar@ Prafull Kumar son of Narain Yadav @ Narayan Prasad Yadav Resident of village/Mohalla- Vijay Nagar, P.S. and 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, Strans 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 10.

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

For the Petitioner/s :

Mr.Balram Kapri, Advocate For the UOI/Railway :

Mr.Anshuman Singh, CGC, UOI For State :

Mr.Ajay Behari Sinha, Sr. Advocate, G.A-8 :

Mr.Upendra Kr. Singh, AC to G.A.-8

Patna High Court CWJC No.19203 of 2015(2) dt.23-03-2023 2/3 ====================================================== 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 these 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 Barahat to Banka Broad Gauge Railway Line.

(ii) For further direction upon the respondent authorities to forthwith provide employment to one family member of the petitioners in pursuance of their circular issued vide Circular No.

E(NG)11/89 RC-2/38 dated 10.11 89.

(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 Railways/Production Units whereby guideline has been issued for appointment of land losers affected by

Patna High Court CWJC No.19203 of 2015(2) dt.23-03-2023 3/3 land acquisition for railway project."

At the outset, 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 dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/Saurav U