Sonu Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 11354 of 2017 =================================================== ======================================= Civil Writ Jurisdiction Case No. 19255 of 2015 -Versus-

2/8 ======================================== Civil Writ Jurisdiction Case No. 19711 of 2015

3/8 Civil Writ Jurisdiction Case No. 11510 of 2017

4/8 Civil Writ Jurisdiction Case No. 11854 of 2017 -Versus- ======================================================

5/8 Appearance :

For the Petitioner/s :

Mr. Prashant Sinha, Advocate For Union of India :

Dr. K.N. Singh, A.S.G.

Mr. Kumar Priya Ranjan, CGC For the Railways :

Mr. Anshuman Singh, Advocate For the State :

Mr. Majid Mahboob Khan, A.C. to AAG12 For the RVNL :

Mr. M.P. Dixit, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ===================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 19-05-2021 On 4th of March, 2021, in the lead matter i.e. CWJC No. 8225 of 2016, titled as Jai Kishore Singh Vs. The State of Bihar & Ors., we had passed the following order:- "Petitioner has prayed for the following relief(s):- "For issuance of writ in the nature of mandamus or any other appropriate writ or writs, direction or directions commanding the respondent to initiate a fresh proceeding under the

6/8 provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as Act, 2013") as amended up to date with regard to acquisition of Land in village-Madarichak, Thana No. 94 P.S.- Fathuah, P.O-Top, District-Patna for the construction of Neora, Daniyawa Badi Railway Line as the previous land acquisition case No. 1 of 2007-08 has lapsed in view of Section 24 of the 2013 Act because although the petitioner's land was acquired under L.A. Case No.

1 of 2007-08 but neither any notice was issued to the petitioner nor any compensation amount was paid to the petitioner nor the possession of the land was taken by the Railway and the land in question is continuing in cultivating possession of the petitioner and more than 5 years have lapsed when the new Act, 2013 has come into force on 26.09.2013 and for grant of any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of this case.

After the matter was heard for some time, learned counsel for the petitioner seeks

7/8 permission to withdraw this petition reserving liberty to file a fresh petition on the same and subsequent cause of action.

Permission granted.

Present petition stands disposed of as withdrawn.

We clarify that as and when such petition is filed, the same shall be tagged and heard along with CWJC No. 11354 of 2017, titled as Pushpa Rani Vs. The State of Bihar.

It stands clarified that the record of this petition shall be tagged along with CWJC No.

11354 of 2017, titled as Pushpa Rani Vs. The State of Bihar, unless the same is tagged with other cases."

We see no reason as to why these petitions be not disposed of in terms of the very same order, for not only the material placed is deficient in nature, but is also dependent upon the outcome of the result in Jai Kishore Singh (supra). Ordered accordingly.

We dispose of these petitions making the directions issued in Jai Kishore Singh (supra) applicable mutatis mutandis, to the extent applicable. As and when any fresh petitions are filed by the petitioners, the same shall be listed on priority basis.

8/8 The writ petitions stand disposed of in the above terms.

Interlocutory Application, if any, shall stand disposed of.

Amrendra/- (Sanjay Karol, CJ) (S. Kumar, J) AFR/NAFR CAV DATE Uploading Date 19.05.2021 Transmission Date