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Patna High Court - Orders

Triveni Sah vs The Eastern Dedicated Freight Corridor ... on 19 December, 2022

Author: Sandeep Kumar

Bench: Sandeep Kumar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.22871 of 2018
                 ======================================================
                 Triveni Sah S/o Late Janak Sah R/o Village- Sakri, P.S.- Kudra, District-
                 Kaimur

                                                                              ... ... Petitioner
                                                    Versus

           1.    The Eastern Dedicated Freight Corridor Corporation Of India Pvt. Ltd. and
                 Ors
           2.    The Deputy project Manager, Eastern Dedicated Freight Corridor
                 Corporation of India Pvt. Ltd. Mugha
           3.    The State of Bihar through Principal Secretary, Revenue Department,
                 Government of Bihar, Patna
           4.    The District Magistrate, District- Kaimur
           5.    The Arbitrator Cum Commissioner Patna Division, Patna
           6.    The Competent Authority cum District Land Acquisition Officer, District
                 Kaimur
           7.    The Circle Officer, Kudra, District- Kaimur

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ramchandra Singh, Advocate.
                 For the Respondent/s   :      Mr. Raj Kishore Roy GP-18
                 For the Corporation    :      Mr. Ashok Kumar Keshri, Sr. Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   19-12-2022

Heard the parties.

Learned counsel for the petitioner has relied upon order dated 28.08.2014 passed in CWJC No. 14337 of 2013 (Smt. Munni Singh vs. the State of Bihar) and others analogous cases and has prayed that this petitioner may be given the same relief i.e. direction to the competent authority to consider the case of the petitioner, give proper hearing and after examining the records brought by the parties pass appropriate order in Patna High Court CWJC No.22871 of 2018(8) dt.19-12-2022 2/2 accordance with law.

Learned counsel for the Corporation has submitted that the case of the petitioner is not similar to the case of petitioner of CWJC No. 14337 of 2013 and therefore, the present petitioner is not entitled to the same and similar order/relief.

Considered the submissions of the parties. The competent authority is directed to consider the case of the petitioner, give proper hearing to him and after examining the records brought by the parties pass appropriate order in accordance with law. The competent authority will also examine the fact as to whether the case of the present petitioner is similar to the case of the petitioner of CWJC No. 14337 of 2013.

With the aforesaid observations and directions, this writ petition is disposed of.

(Sandeep Kumar, J) pawan/guddu-

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