Dharmendra Chaurasiya And ORS v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22934 of 2013 ======================================================

1. Dharmendra Chaurasiya Son Of Shivan Bhagat Resident Of Village Jahangirpur, P.O. and Police Station - Sonepur, District - Saran (Chapra)

2. Shakuntala Devi Wife Of Kishori Bhagat Resident Of Village Jahangirpur, P.O. and Police Station - Sonepur, District - Saran (Chapra)

3. Krishna Bhagat Son Of Late Prahlad Bhagat Resident Of Village Jahangirpur, P.O.and Police Station - Sonepur, District - Saran (Chapra)

4. Upendra Kumar Chaurasiya Son Of Anandi Bhagat Resident Of Village Jahangirpur, P.O. and Police Station - Sonepur, District - Saran (Chapra)

5. Ramesh Kumar Bhakta Son Of Late Surya Mukhan Bhagat Resident Of Village Jahangirpur, P.O. and Police Station - Sonepur, District - Saran (Chapra)

6. Sopendra Kumar Son Of Harendra Rai Resident Of Village - Gangajal Tola, P.O.and Police Station - Sonepur, District - Saran (Chapra)

7. Sunil Kumar Rai Son Of Late Raghunath Prasad Rai Resident Of Village - Gangajal Tola, P.O. and Police Station - Sonepur, District - Saran (Chapra)

8. Navin Kumar Son Of Jageshwar Rai Resident Of Village - Gangajal Tola, P.O. and Police Station - Sonepur, District - Saran (Chapra)

9. Rishi Kumar Son Of Jagdish Rai Resident Of Village - Gangajal Tola, P.O. and Police Station - Sonepur, District - Saran (Chapra) .... .... Petitioner/s

Versus

1. The Union Of India Through The Chairman, Railway Board, Ministry Of Railway, New Delhi

2. The Additional Member (Staff), Railway Board, Ministry Of Railways, Govt. Of India, New Delhi

3. The General Manager, East Central Railway, Hajipur

4. The Divisional Railway Manager (P), Sonepur, Saran

5. The Chief Administrative Officer (Con), Railway East Central Railway, Mahendrughat, Patna

6. The State Of Bihar Through The Secretary, Revenue And Land Reforms Department, Govt. Of Bihar, Patna

7. The District Magistrate/Collector, Saran at Chapra

8. The District Land Acquisition Officer, Saran at Chapra .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Respondent/s : Mr. Radhika Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 05-07-2016 Heard the counsel for the petitioners, Mr. Ashok

Patna High Court CWJC No.22934 of 2013 (2) dt.05-07-2016 2/3 Kumar Keshari learned Sr. Advocate for the respondent-Railways as well as Mr. Ranjeet Kumar Pandey AC to GP-23. On going through the writ application, it appears, the petitioners without ventilating their grievance before the respondents have approached this Court seeking a writ of mandamus commanding the respondents to provide them employment in the Railways as they are land losers owing to acquisition of their land by the State for the use of the respondentRailways to construct Rail Ganga Bridge. Mr. Keshri has raised an objection with regard to the maintainability of the case. It is also submitted that the writ petition does not set out the complete details of the land acquired by the respondents.

He points out that there is inordinate delay on the part of the petitioners in approaching the Court as the acquisition of land was made in the year 2003-04 inasmuch as compensation therefor was/were paid in 2007. The counsel for the petitioners on the other hand, submits that petitioners have lawful claim to be provided with employment in view of the Resolution of the respondent-Railways which should not be defeated owing to some delay.

Considering the facts and circumstances of the case,

Patna High Court CWJC No.22934 of 2013 (2) dt.05-07-2016 3/3 the writ application is disposed of permitting the petitioners to ventilate their grievance as raised in this application before the respondent- General Manager,East Central Railway Hajipur for consideration and disposal. Needless to observe, if any such representation is filed without much loss of time, the same shall receive due consideration and disposal in accordance with law as quickly as possible.

(Kishore Kumar Mandal, J) Shyam/- U