Chandan Kumar And ORS v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1998 of 2016 ====================================================== 1.

Chandan Kumar Son of Umakant Singh, Resident of Village - Ekara, Post - Thathan Bujurg, P.S. - Sadar Hajipur, District - Vaishali, Pin - 844125. 2.

Chandan Son of Late Premkishore Singh, Of Village - Ekara, Post - Thathan Bujurg, P.s. - Sadar Hajipur, District - Vaishali, Pin - 844125. 3.

Sudhir Kumar Singh, Son of Late Suresh Prasad Singh, Of Village - Ekara, Post - Thathan Bujurg, P.S. - Sadar Hajipur, District - Vaishali, Pin - 844125. 4.

Priyanshu Prakash, Son of Satyendra Prasad Singh, Of Village - Ekara, Post - Thathan Bujurg, P.S. - Sadar Hajipur, District - Vaishali, Pin - 844125. 5.

Randhir Kumar, Son of Late Ram Ishwar Singh, Of Village - Ekara, Post - Thathan Bujurg, P.S. - Sadar Hajipur, District - Vaishali, Pin - 844125. 6.

Pawan Kumar Singh, Son of Ram Sewak Singh, Of Village - Ekara, Post - Thathan Bujurg, P.S. - Sadar Hajipur, District - Vaishali, Pin - 844125. 7.

Ravi Kant, Son of Ram Janam Singh, Resident of Village - Ghoswar, Post - Razauli, P.S. - Sadar Hajipur, District - Vaishali, Pin - 844125. 8.

Ram Kishore Singh, Son of Late Kamta Prasad Singh, Resident of Village - Gurmiyan, Post - Thathan Bujurg, P.S. - Sadar Hajipur, District - Vaishali, Pin - 844125.

... ... Petitioner/s

Versus

1.

The Union Of India through the Chairman Railway Board, Ministry of Railways, 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, Hajipur 6.

The State of Bihar through the Secretary, Revenue and Land Reforms, Government of Bihar, Patna.

7.

District MAgistrate / Collector, Hajipur, Vaishali. 8.

A.D.M., Vaishali, Land Acquisition.

9.

District Land Acquisition Officer, Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Swarup Prasad, Advocate For the State :

Mr. Rakesh Kumar Ranjan, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

Patna High Court CWJC No.1998 of 2016(3) dt.01-08-2023 2/3 ORAL ORDER 01-08-2023 1.

The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of a writ in the nature of Mandamus directing/commanding the concerned Respondents to complete the appointment process of the petitioners in the Railways as per existing Railway's policies against acquisition of land of the affected persons for different Railways Projects and it was made clear that these appointments shall be in respect to only those projects which have been started or the land which are required to be acquired for those projects which are announced to be done after 16th July, 2010, (ii) This Hon'ble Court is further prayed to adjudicate and hold that the petitioners are duly entitled for appointment in the railways being either land losers or being a member of such family who have lost their lands under acquisition scheme for announced project of the railways.

(iii) For issuance of appropriate writ in the nature of Mandamus directing/ commanding concerned Respondents to henceforth implement the railway policy and programme concerning the announced project under which railways are required to provide job to the persons who have lost their land under acquisition proceeding and railway project has already surfaced on the ground."

2.

At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to approach the respondent

Patna High Court CWJC No.1998 of 2016(3) dt.01-08-2023 3/3 no.4, i.e. the Divisional Railway Manager (P), Sonepur, Saran for redressal of their aforesaid grievance, however, seeks a direction upon him to also consider the various judgments, which the petitioners shall produce before him, in order to buttress their case. Liberty so sought is granted. 3.

It is needless to state that in case appropriate representation is filed by the respondents, within a period of two weeks from today, annexing the judgments they seek to rely upon, the respondent no.4 shall consider the same and after taking into account the law laid down by this Court as also the Hon'ble Supreme Court shall pass a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U