Manoj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1092 of 2017 ===========================================================

1. Manoj Kumar Son of late Saryug Yadav Resident ofn Village: Ekadh, P.S: Nawhatta, District: Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Department of Water Resources, Government of Bihar, Patna.

2. The Director, Land Acquisition and Rehabilitation, Department & Water Resources, Government of Bihar, Patna.

3. The Rehabilitation Officer, Koshi Project, Supaul. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Jha, Advocate Mr. Prafull Chandra Thakur, Advocate For the State : Mr. Brajesh Kumar, AC to AAG4 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 25-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, the petitioner is challenging the order dated 14.6.2003 issued by the Director Land Acquisition and Rehabilitation Department, Government of Bihar, Patna by which his services has been terminated.

The petitioner was appointed under a scheme framed by the Government of Bihar to those persons whose land have been acquired for the purposes of construction of Koshi Bandh and the petitioner was appointed on the post of Amin but later on services of the petitioner was dispensed with arriving to a finding that his land was not acquired for the purposes of construction of Koshi

Patna High Court CWJC No.1092 of 2017 dt.25-08-2018 Bandh but he was displaced by way of rehabilitation to protect from furry of Koshi Bandh.

Learned counsel for the petitioner submits that land of the petitioner was acquired and on that account he was appointed as Amin. It appears that petitioner and others had challenged the action of the department which was referred to Full Bench in C.W.J.C. No.1242 of 2003 and its analogous cases but the same was withdrawn whereafter a review petition was filed vide MJC No.2523 of 2015 and its analogues cases and the Court has recorded a reasoned order and prayer for review was rejected which has been affirmed by Hon'ble Supreme Court in SLP (C) No.9084 of 2016. He has further submitted that his case on merit was never decided by any authority but on technical ground the claim of petitioner has not been entertained.

Patna High Court CWJC No.1092 of 2017 dt.25-08-2018 order in accordance with law within a period of six months form the date of receipt/production of a copy of this order. With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date28.8.2018 Transmission Date NA