Lal Mohan Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3269 of 2015 ====================================================== Lal Mohan Sah son of Rit Lal Sah @ Rito Sah resident at Punarvash Sthal Lilagohra, P.O. - Dudhari, P.S. and Distirct - Banka at present address and residing at - H/o Late Mostt. Savitri Devi, At P.O. - Vijaynagar, District - Banka, Bihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Commissioner cum Secretary, Water Resources Department, Government of Bihar, Patna.

3.

The Director, Water Resources Department, Patna. 4.

Chief Engineer, Irrigation Department, Bhagalpur. 5.

Rehabilitation Officer, Bhagalpur.

6.

Rehabilitation Officer, Banka.

7.

The Rehablilitation Officer, Banka, Vilasi Paraoyajana, Banka at Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Sharma, Advocate For the Respondent/s :

Mr.Sunil Kr. Mandal, Standing Counsel-3 Mr. Arjun Prasad, AC to Standing Counsel-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-12-2022 The petitioner has filed the present writ petition seeking the following reliefs:- "1 (I) For issuance of a writ in the nature of writ of mandamus or direction to the respondents to provide a job or appoint the petitioner under rehabilitation scheme of the department of Water Resources in Memo No. 1212 dated 18.09.1993 which is meant only for the person who have been displaced from land by different irrigation project and also for allotment land for house.

(ii) For a direction to the respondents specially

Patna High Court CWJC No.3269 of 2015(2) dt.06-12-2022 2/3 respondents no. 2 to 7 who undertake on 22.07.1999 in CWJC No. 10531/1997 that about 400 displaced persons scheme and as such their panel is being finalized the same will be sent to the District Magistrate, but till date his name has not been sent to District Magistrate, Banka.

(iii) For issuance of an appropriate writ/order/direction to the respondents to take final decision in terms of clause 4.C (I) of the Bihar Litigation Policy, 2011 as his (petitioner) claim is covered by decision passed in C.W.J.C. No. 2745 of 1999, L.P.A. No. 733 of 2005 and S.L.A. (Civil) CC 16882 of 2011.

(iv) For issuance of an appropriate writ/order/direction of the respondents to take a final decision in the light of observation made in C. Revision No. 210 of 2013 dated 09.04.2014."

At the outset, the learned counsel for the petitioner submits that the petitioner has filed a representation long back on 17.07.2014 before the District Magistrate, Banka which is at page-33 of the present writ petition, however, the District Magistrate, Banka is sitting tight over the matter. In view of the aforesaid, I deem it fit and proper to dispose off the present writ petition with a direction to the District Magistrate, Banka to consider the aforesaid representation of the petitioner and pass a reasoned and a speaking order, in accordance with law, within a period of 12

Patna High Court CWJC No.3269 of 2015(2) dt.06-12-2022 3/3 weeks of receipt/production of a copy of this order. (Mohit Kumar Shah, J) S.Sb/SauravU