Santosh Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.507 of 2019 In Civil Writ Jurisdiction Case No.5561 of 2019 ====================================================== 1.

Santosh Kumar Son of Ganesh Thakur Resident of Village- Azamgarh, Ward No.2, Tola- Gagdishpur, P.S. Dumar, District- Stamarhi. 2.

Narendra Kumar Son of Ram Vivek Mahto Resident of Village - Paraspatti, ward no. 9 P.S.- Dumra, District- Sitamarhi.

... ... Appellant/s

Versus

1.

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

2.

The Chairman Railway Board, Rail Bhawan, New Delhi. 3.

The Secretary Department of Railway, Rail Bhawan, New Delhi. 4.

The General Manager East Central Railway, Zonal Office- Hajipur, Distt.- Vaishali.

5.

The Divisional Railway Manager Samastipur, East Central Railway, DistrictSamastipur. 6.

The Deputy Chief Engineer (Construction) East Central Railway, Distt.- Samastipur.

7.

The State of Bihar 8.

The District Magistrate Sitamarhi.

9.

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

For the Appellant/s :

Mr. Dr. Om Prakash Om, Advocate For the Respondent/s :

Mr. Md.Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 18-02-2021 Heard the parties.

Aggrieved by the judgment and order dated 29.03.2019 passed in C.W.J.C. No.5561 of 2019 passed by learned Single Judge of this Court dismissing the writ petition, the appellants

Patna High Court L.P.A No.507 of 2019 dt.18-02-2021 2/2 have preferred this appeal.

Appellants have filed writ petition for direction to respondent authorities to provide employment in the Railways on Group C/D post on account of acquisition of their ancestral land by the Railways for the purpose of construction of Muzaffarpur-Sitamarhi Rail line on the basis of circular issued by Railways dated 10.11.1989 which provides employment to one person in the family who are displaced as a result of acquisition of land.

Lands were acquired by the Railways in the year 2002 and appellants approached the authorities for the first time by filing representation in the year 2019 and, as such, learned Single Judge dismissed the writ petition on ground of inordinate delay and laches.

This Court does not find any error or infirmity in the order passed by learned Single Judge and, accordingly, this LPA is dismissed.

(Sanjay Karol, CJ) Sanjay/- ( S. Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 16.03.2021 Transmission Date NA