Patna High Court
Razi Haider vs The State Of Bihar on 21 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16615 of 2021
======================================================
Razi Haider, Son of Late Abdul Halim, resident of Haroon Nagar Colony,
Sector - 2, Block - Phulwarisharif, P.S. Phulwarishari, Distt. - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms, Government of Bihar, Patna.
2. The Principal Secretary, Water Resources Department, Government of Bihar,
Patna.
3. The Director, Land Acquisition and Rehabilitation, Department of Water
Resources, Government of Bihar, Patna.
4. The Presiding Officer-cum-Land Acquisition, Rehabilitation and
Resettlement Authority, Q. No. B/96, Sinha Library Road, Chajju Bagh,
Patna.
5. The Collector, Buxar.
6. The Land Acquisition Officer, Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa, Advocate
For the Respondent/s : Mr. Harish Kumar ( GP-8 )
Mr. AC to GP-8
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 21-12-2021
Heard learned counsel for the respective parties.
2. In the instant petition, the petitioner has prayed for the
following reliefs:
"a. For issuance of writ of certiorari to set
aside the order dated 01.08.2016 passed in
Consolidated Executive Case No. 22 to 34 / 2016 (B)
by the Presiding Officer-cum-Land Acquisition,
Rehabilitation and Resettlement Authority, Patna
(hereinafter "respondent no.4") to the extent it directed
for the attachment of the salary of the Executive
Patna High Court CWJC No.16615 of 2021 dt.21-12-2021
Engineer, Flood Control Division, Buxar until
settlement of compensation of the claimants therein.
b. For issuance of writ of mandamus
commanding the respondent authorities to forthwith
disburse the salary of the petitioner, who, upon transfer
assumed the charge of Executive Engineer, Flood
Control Division, Buxar on 30.06.2021 and since then,
his monthly salary is not being disbursed in the garb of
the aforesaid direction contained in the impugned
order dated 01.08.2016.
c. For issuance of appropriate order to stay
the operation of the impugned order dated 01.08.2016
during the pendency of the writ proceeding to the
extent it imposes condition of attachment of salary of
Executive Engineer, Food Control Division, Buxar.
d. For issuance of appropriate direction to
the erring respondent(s) to pay a reasonable sum to the
petitioner towards the cost of litigation and also for the
unwanted harassment meted to him for no good
reason.
e. For grant of any other relief(s) in the
interest of justice, equity and good conscience."
3. In support of second prayer, petitioner has submitted
representation.
4. In so far as first prayer is concerned, petitioner has
submitted that the present issue is covered by the decision passed
in C.W.J.C. No. 6979 of 2017 (Annexure-5) and it is not disputed
by the learned counsel for the State.
Patna High Court CWJC No.16615 of 2021 dt.21-12-2021
5. After disposal of C.W.J.C. No. 6979 of 2017,
petitioner submitted representation and it has not been taken note
of by the competent authority.
6. In the light of these facts and circumstances, the
present petition is allowed.
7. In terms of Annexure-5, the concerned authority is
hereby directed to extend all arrears of salary within a period of
three months from the date of receipt of copy of this order.
(P. B. Bajanthri, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.12.2021
Transmission Date NA
