Kapildeo Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6560 of 2015 ====================================================== 1.

Kapildeo Singh son of Late Shiv Pujan Singh, resident of Village-Kauriya, P.S.-Bhagwanpur, District-Siwan.

2.

Shailendra Singh, son of Late Shiv Nath Singh, resident of Village-Kauriya, P.S.-Bhagwanpur, District-Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner, Saran Division, Chapra.

3.

The Collector, Siwan.

4.

The Additional Collector, Siwan, District-Siwan. 5.

The District Land Acquisition Officer, Siwan. 6.

The Circle Officer, Bhagwanpur, District-Siwan. 7.

The General Manager, N.E., Railway, Gorakhpur (U.P.) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Udit Narayan Singh, Adv.

:

Mr. Gajendra Kumar Singh, Adv.

For the Respondent/s :

Mr. Ajay Behari Sinha, GA-8 :

Mr. Upendra Kr. Singh, AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2023 Learned counsel for petitioners seeks permission to add General Manager, North-East Railway, Gorakhpur as party respondent No.7.

2. Permission granted.

3. Office is directed to insert the name of respondent No.7 (General Manager, North-East Railway, Gorakhpur) in this case in the soft copy/ computer.

4. Heard learned counsel for the petitioners and learned counsel for the State.

Patna High Court CWJC No.6560 of 2015(3) dt.24-07-2023 2/2

5. After some argument, counsel for the petitioners seeks permission to avail his remedy under Section 20 (F)(6) of the Railways Act, 1989 before the Arbitrator -cum- Divisional Commissioner, Saran.

6. Counsel for the State submits that this is the correct position of law that for the purpose of enhancement of amount under compensation who received part compensation shall avail remedy according to Section 20(F)(6) of the Railways Act, 1989 before the Arbitrator -cum- Divisional Commissioner, Saran.

7. As such, petitioners are directed to avail his remedy before the said forum within 4 weeks along with the order of this Court.

8. With the aforesaid direction, the present writ application is hereby disposed of.

(Dr. Anshuman, J.) prakashmani/- U