IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3269 of 2015

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Lal Mohan Sah son of Rit Lal Sah @ Rito Sah resident at Punarvash Sthal

Lilagohra, P.O. - Dudhari, P.S. and Distirct - Banka at present address and

residing at - H/o Late Mostt. Savitri Devi, At P.O. - Vijaynagar, District -

Banka, Bihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar

2.

Commissioner cum Secretary, Water Resources Department, Government of

Bihar, Patna.

3.

The Director, Water Resources Department, Patna.

4.

Chief Engineer, Irrigation Department, Bhagalpur.

5.

Rehabilitation Officer, Bhagalpur.

6.

Rehabilitation Officer, Banka.

7.

The Rehablilitation Officer, Banka, Vilasi Paraoyajana, Banka at Bhagalpur.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Rakesh Kumar Sharma, Advocate

For the Respondent/s

:

Mr.Sunil Kr. Mandal, Standing Counsel-3

Mr. Arjun Prasad, AC to Standing Counsel-3

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

2

06-12-2022

The petitioner has filed the present writ petition

seeking the following reliefs:-

“1 (I) For issuance of a writ in the nature of writ of

mandamus or direction to the respondents to provide

a job or appoint the petitioner under rehabilitation

scheme of the department of Water Resources in

Memo No. 1212 dated 18.09.1993 which is meant

only for the person who have been displaced from

land by different irrigation project and also for

allotment land for house.

(ii) For a direction to the respondents specially

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respondents no. 2 to 7 who undertake on 22.07.1999

in CWJC No. 10531/1997 that about 400 displaced

persons scheme and as such their panel is being

finalized the same will be sent to the District

Magistrate, but till date his name has not been sent to

District Magistrate, Banka.

(iii) For issuance of an appropriate

writ/order/direction to the respondents to take final

decision in terms of clause 4.C (I) of the Bihar

Litigation Policy, 2011 as his (petitioner) claim is

covered by decision passed in C.W.J.C. No. 2745 of

1999, L.P.A. No. 733 of 2005 and S.L.A. (Civil) CC

16882 of 2011.

(iv) For issuance of an appropriate

writ/order/direction of the respondents to take a final

decision in the light of observation made in C.

Revision No. 210 of 2013 dated 09.04.2014.”

At the outset, the learned counsel for the petitioner

submits that the petitioner has filed a representation long back

on 17.07.2014 before the District Magistrate, Banka which is at

page-33 of the present writ petition, however, the District

Magistrate, Banka is sitting tight over the matter.

In view of the aforesaid, I deem it fit and proper to

dispose off the present writ petition with a direction to the

District Magistrate, Banka to consider the aforesaid

representation of the petitioner and pass a reasoned and a

speaking order, in accordance with law, within a period of 12

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weeks of receipt/production of a copy of this order.

S.Sb/Saurav-

(Mohit Kumar Shah, J)

U