Triveni Chaudhary And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12870 of 2014 ======================================================

1. Triveni Chaudhary son of Late Iswar Choudhary,

2. Moti Lal Chaudhary son of Bhagwan Chaudhary

3. Bhagwan Chaudhary son of Late Tribhuwan Choudhary, all are resident of village- Dawanpur, P.S.- Sasaram, District- Rohtas (Sasaram) ... ... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Rohtas

3. The District Land Acquisition Officer, Sasaram, Rohtas

4. The Chief Dedicated Freight Corridor Project Manager, Railways, Mughalsarai, (U.P.)

5. The Project Officer, Dedicated Freight Corridor Project, Sasaram, Rohtas

6. The Divisional Railways Manager, E.C. Railway, Mughalsarai, U.P. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Priya Pathak, Advocate Mr. Ambrish Kumar Jha, Advocate For the Respondent/s :

Mr. GP-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 31-07-2018 Heard learned counsel for the parties.

2.

Learned counsel for the petitioners submits that the District Compassionate Committee, Munger has recommended the case of the petitioners for appointment on compassionate ground vide memo No. 638 dated 16.7.2008 but the recommendation and decision of the District Compassionate Committee has not been given effect to as yet. 3.

In view of the above, the writ petition is disposed of with a direction to the respondent-District Magistrate, Munger to see that the recommendation of the District

Patna High Court CWJC No.12870 of 2014 dt.31-07-2018 2/2 Compassionate Committee is given effect to, if not already acted upon, within a maximum period of four months from the date of receipt/production of a copy of this order. While taking final decision the respondents are required to take into consideration the judgment of the Apex Court in the case of Mukesh & anr. Vs. The State of Bihar & Ors: (2017) 5 SCC 383.

4.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2018 Transmission Date