Disposed

Amrendra Kumar and Anr. v. The State Of Bihar and Ors.

Patna HC6 May 2019CWJC/106/2019

Case brief

AI extract

What is this about?

Petitioners appointed under the Koshi Bandh acquisition scheme were dismissed when their land was not acquired. The Court directed them to file a representation to the Director for examination similar to pending cases.

What did the court decide?

Directed petitioners to file a representation before the respondent Director; Director directed to verify facts and pass orders within six months.

Amrendra Kumar and Anr. Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.106 of 2019

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

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

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... ... Petitioner/s

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Versus

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The State of Bihar

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

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

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The Rehabilitation Officer, Koshi Project, Supaul

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... ... Respondent/s

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====================================================== 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 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 06-05-2019

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Mr. Anil Kumar Jha, learned senior Advocate for

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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.

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The petitioners like the afore-mentioned writ

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petitioners were appointed under a scheme framed by the Government of Bihar for such persons whose land had been

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Patna High Court CWJC No.106 of 2019(2) dt.06-05-2019 2/3

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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.

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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.

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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

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Patna High Court CWJC No.106 of 2019(2) dt.06-05-2019 3/3

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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.

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

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(Ashutosh Kumar, J)

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skm/-

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Amrendra Kumar and Anr. v. The State Of Bihar and Ors.

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Amrendra Kumar and Anr. v. The State Of Bihar and Ors.

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