Patna High Court
Bhuneshwar Ram vs The Dedicated Freight Corridor ... on 14 August, 2018
Equivalent citations: AIRONLINE 2018 PAT 1700
Author: Madhuresh Prasad
Bench: Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18543 of 2014
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Bhuneshwar Ram, son of Gauri Shankar Ram, resident of Village- Kumahue, P.O.-
Moresarai, P.S.-Shivsagar, District- Rohtas .... .... Petitioner
Versus
1. The Dedicated Freight Corridor Corporation of India Limited
2. The Deputy Chief Project Manager, Dedicated Freight Corridor Corporation of
India Limited, Project Office at Shyama Kunj, Plot No.122/1 DAFI (Varanasi)
Mugalsarai By-pass Naipura, P.S.-Lanka, District- Varanasi, Uttar Pradesh.
3. The State of Bihar through the District Land Acquisition Officer-cum-
Competent Authority, Rohtas at Sasaram.
4. The Ministry of Railways through the General Manager, Hazipur Zone,Hazipur,
Bihar.
5. The Dy. Director, Establishment (N) II, Railway Board, New Delhi.
6. The Divisional Railway Manager, Mugalsarai,Uttar Pradesh.
.... .... Respondents
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Appearance :
For the Petitioner : Mr.Rajendra Prasad Singh, Senior Advocate
Mr. Siddharth Harsh, Advocate
For the Railways : Mr.Ashok Kumar Keshari, Advocate
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date: 14-08-2018 Heard learned senior counsel for the petitioner and learned counsel for the Railways.
Relying upon the Division bench decision of this Court in case of Himanshu Kumar Choubey and others Vs. The Union of India and others, reported in 2017(4) PLJR 597 on the issue of maintainability of the instant proceedings learned Senior counsel appearing for the petitioner submits that the case is entitled to be considered by the authorities. In view of various benefits available under the resolution dated 31.10.2007 being "National Rehabilitation & Resettlement Policy, 2007" (Annexure F to the Patna High Court CWJC No.18543 of 2014 dt.14-08-2018 2/2 supplementary counter affidavit of respondents no.1 and 2), learned Senior counsel submits that the petitioner will make his application for all the claims arising out of the notification including his claim for preference in the matter of appointment.
In view of the limited prayer made by learned Senior counsel for the petitioner, the writ petition is disposed of with liberty to the petitioner to approach the authorities prescribed under clause 8 of the said resolution dated 31.10.2007 the petitioner should approach the authorities within a period of four weeks from today. In the event, the application is filed, needless to say that the authorities would be obliged to consider the same expeditiously and in accordance with law.
(Madhuresh Prasad, J) Shashi.
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