Patna High Court - Orders
Prashant Kumr Sharma vs Union Of India & Ors. on 17 July, 2013
Author: Samarendra Pratap Singh
Bench: Samarendra Pratap Singh
Patna High Court MJC No.4960 of 2010 (5) dt.17-07-2013 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4960 of 2010
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Prashant Kumr Sharma
.... .... Petitioner/s
Versus
Union Of India & Ors.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Gyanendra Kumar Shukla, Advoate
For the State : Mr. Syed Shah Shabbar Hussain, Advocate
For Opposite party no.5 : Mr. K.N. Gupta, Advocate
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CORAM: HONOURABLE MR. JUSTICE SAMARENDRA
PRATAP SINGH
ORAL ORDER
5 17-07-2013The petitioner states that his land measuring 8 Kathas bearing Khata No.165, Khesra No.25 situated within the Industrial Area of North Bihar Industrial Area Development Authority at Hajipur was acquired by the Government. As per government circular and directives of the Union Government, employment was to be provided to a person who has been displaced due to taking over of his land by the government.
It appears that the government after getting the land handed over the same to North Bihar Industrial Area Development Authority which in turn gave to the Bihar Cooperative Milk Federation Produce Limited with recommendation for giving employment to the petitioner on preferential basis as his land has been used for establishment of Milk Chilling Plant which is a unit of Vaishali Patliputra Dugdh Patna High Court MJC No.4960 of 2010 (5) dt.17-07-2013 2 Utpadak Sahkari Sangh Limited.
This court by order dated 16.11.2009 directed the respondent no.5 to dispose of the application of the petitioner in respect of granting employment to him. The respondent no.5 has disposed of the application of the petitioner stating that the land was acquired by the government and no assurance or stipulation of granting employment was given by it any time.
Mr. K.N. Gupta, learned counsel for respondent no.5 states that either the Government or the BIADA is liable to give employment and as such the petitioner ought to have made his claim before the government which in fact acquired the land of the petitioner.
In such circumstances, this application is disposed of with liberty to the petitioner to file his representation to the government for grant of employment in terms of own circular dated 15.1.1977 written by the Joint Secretary to the Government of India in the Department of Industrial Development. In case such representation is filed, the same would be disposed of within three months from the date of its filing.
(Samarendra Pratap Singh, J) KHAN/-