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Patna High CourtCWJC/106/2019disposed

Amrendra Kumar And ANR v. The State Of Bihar And ORS

2019-05-06Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.106 of 2019 ====================================================== 1.

Amrendra Kumar, Son of Shri Basudeo Yadav Resident of Village-Rampur Chharapatti P.S. Supaul,Distt.-Supaul 2.

Lal Bahadur Raman Son of Shriu Basudeo Yadav Resident of VillageRampur Chharapatti P.S. Supaul,Distt.-Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary,Water Resources,Govt. of Bihar,Patna 3.

The Director, Land Acquisition and Rehabilitation,department of Water Resources, Govt. of Bihar,Patna 4.

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

For the Petitioner/s :

Mr. Anil Kumar Jha, Sr. Advocate Mr. Prafull Chandra Thakur, Advocate Mr. Dinesh Choudhary, Advocate For the Respondent/s :

Mr. Vinay Kriti Singh- GA2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-05-2019

1. Mr. Anil Kumar Jha, learned senior Advocate for the petitioners submits that the case of the petitioners is exactly identical to the case of Manoj Kumar Vs. The State of Bihar and Ors. as well as Md. Abbas Vs. The State of Bihar and Ors., viz., C.W.J.C. No. 1092 of 2017 and 20388 of 2016 respectively.

2. The petitioners like the afore-mentioned writ petitioners were appointed under a scheme framed by the Government of Bihar for such persons whose land had been

Patna High Court CWJC No.106 of 2019(2) dt.06-05-2019 2/3 acquired for the purposes of construction of Koshi Bandh. The petitioners were appointed as Amin and Clerk, respectively but later, their services were dispensed with as their lands were not found to be required for the purposes of construction of the dam.

3. The action of the department was challenged by another similarly situated persons. However, this Court in the aforenoted cases expressed hope and trust on the Director, Land Acquisition and Rehabilitation Department, Water Resources, Government of Bihar, Patna and Rehabilitation Officer, Koshi Project, Supaul that they would examine the cases of such persons and arrive at a finding as to whether petitioners or other, similarly situated, would come within the category of displaced persons on account of construction of Koshi Bandh and thereafter shall pass necessary orders.

4. The petitioners, in the aforesaid circumstances, are also directed to make a representation before the Director, Land Acquisition and Rehabilitation Department, Water Resources, Government of Bihar, Patna within a

Patna High Court CWJC No.106 of 2019(2) dt.06-05-2019 3/3 period of four weeks, who, on considering that the facts of the case of the petitioners are similar to the one which has been referred to above, shall pass necessary orders, after verification of all facts, within a further period of six months of the production of a copy of this order.

5. With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U