Sanjay Kumar vs The State Of Bihar
2023 Latest Caselaw 5293 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.1776 of 2020
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1. Sanjay Kumar Late Maheshwar Mishra Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

2. Mahendra Ray Son of Late Rajdev Ray Resident of Village- Kanti, Police Station- Kanti, District- Muzaffarpur.

3. Raj Kumar Thakur Son of Late Devnath Thakur Resident of Village- Shema, Post Office and Police Station- Kanti, District- Muzaffarpur.

4. Md. Jawar Son of Late Md. Ajim Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

5. Rabindra Singh Son of Late Jamun Singh Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

6. Arun Kumar Mishra Son of Bindeshwari Mishra Resident of Village-

Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

7. Ranjay Kumar Mishra Son of Late Rajeshwar Mishra Resident of Village-

Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

8. Nand Kishor Thakur Son of Vishundeo Thakur Resident of Village-

Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

9. Shankar Paswan Son of Late Bachhu Paswan Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

10. Makal Paswan Son of Late Panchu Paswan Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

11. Md. Waris Ali Son of Late Idris Ansari Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

12. Ram Naresh Mishra Son of Late Baidhnath Mishra Resident of Village-

Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

13. Alauddin Ansari Son of Tahid Hussain Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

14. Surendra Mishra Son of Late Laxman Mishra Resident of Village-

Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

15. Veena Devi Wife of Late Parmanand Mishra Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

16. Nandu Mishra Son of Late Bijul Mishra Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

17. Motilal Sah Son of Late Harihar Sah Resident of Village- Sirisiya, Police Station- Kanti, District- Muzaffarpur.

18. Arjun Paswan Son of Late Chalitar Paswan Resident of Village, Post Office and Police Station- Kanti, District- Muzaffarpur. Patna High Court CWJC No.1776 of 2020 dt.12-10-2023

19. Kedar Mishra Son of late Shankar Mishra Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

20. Rajenra Rai Son of Late Fuleshwar Rai Resident of Village- Station Tola, Kanti, Post Office and Police Station- Kanti, District- Muzaffarpur.

21. Ramadhar Pandey Son of Late Hardeo Pandey Resident of Village-

Mobarakpur, Police Station- Kanti, District- Muzaffarpur.

22. Parmeshwar Thakur Son of Late Fuldeo Thakur Resident of Village-

Narayan Bheriahi, Police Station- Kanti, District- Muzaffarpur.

23. Jitendra Singh Son of Late Ganesh Singh Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

24. Lakhindra Singh Son of Late Paspat Singh Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

25. Md. Anish Son of Late Md. Ibrahim Resident of Village- Narsanda Police Station- Kanti, District- Muzaffarpur.

26. Birendra Singh @ Birendra Narayan Singh Son of Late Dhaja Singh Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

27. Ali Hussain Son of Late Mundi Mian Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

28. Birendra Kumar Son of Late Tapeshwar Singh Resident of Village- Kanti Kothia, Post Office and Police Station- Kanti, District- Muzaffarpur.

29. Amjad Ali Son of Late Md. Mustakin Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

30. Upendra Kumar Singh Son of Late Pashpat Singh Resident of Village-

Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

31. Asgar Ali Son of Late Ibrahim Mian Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

32. Md. Suleman Son of Late Md. Safique Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

33. Sachidanand Mishra Son of Late Shankar Mishra Resident of Village-

Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

34. Devendra Sah Son of Late Kishori Sah Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

35. Noor Mohammad Son of Late Aash Mohammad Resident of Village-

Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

36. Sudhir Kumar Mishra Son of late Shivji Mishra Resident of Village-

Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur.

37. Satrudhan Mishra Son of Shiv Sagar Mishra Resident of Village- Bishunpur Sumer, Post Office and Police Station- Kanti, District- Muzaffarpur. Patna High Court CWJC No.1776 of 2020 dt.12-10-2023

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary-cum- Commissioner, Department of Energy, Government of Bihar, Patna.

2. The Secretary-cum- Commissioner, Department of Labour, Government of Bihar, Patna.

3. The Deputy Secretary, Department of Labour, Government of Bihar, Patna.

4. The District Magistrate, Muzaffarpur.

5. The Managing Director, North Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna.

6. The Deputy Managing Director (Personnel), North Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

7. Kanti Bijlee Utpadan Nigam Ltd. (KBUNL) (Joint Venture between NTPC and Bihar State Power Generation Company Ltd. erstwhile Bihar State Electricity Board).

... ... Respondent/s ====================================================== Appearance :

       For the Petitioner/s     :       Mr. Rajendra Narayan, Sr. Advocate
                                        Mr.Arun Kumar, Advocate
       For the State            :       Mr. Y. P. Sinha, AAG-7
                                        Mr. Nirmal Kumar Sinha, AC to AAG-7
       For the SBDCL            :       Mr.Vijay Kumar Verma, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 12-10-2023 Heard learned counsel for the petitioners, learned

counsel for the State, and learned counsel for the North Bihar

Power Distribution Company Limited.

2. The present writ petition has been filed to consider

the claim of the petitioners for permanent absorption

/regularization in the service in the appropriate

wings/departments as the petitioners are the land losers as their

lands had been taken for construction of Kanti Thermal Power

Station.

Patna High Court CWJC No.1776 of 2020 dt.12-10-2023

3. Leaned counsel for the petitioners submits that in

the years 1978-79, the respondent-State decided to set up a

Thermal Power Station, in North Bihar i.e. at Kanti,

Muzaffarpur in collaboration with BHEL. For the purpose of

establishing of Thermal Power Station, the Government

required a lot of land and from the predecessors of the

petitioners altogether 17 acres of land was acquired which was

the only source of income for the petitioners' family. He further

submits that in the year 1985, the Thermal Power Plant, Kanti,

Muzaffarpur was set up, commissioned, and handed over by

BHEL to the Bihar State Electricity Board. Subsequently, the

agreement was prepared on 10.02.1986 resulting in the

constitution of a Committee to prepare a list of the land

losers/displaced persons. The settlement agreement was also

prepared which is Annexure-1 to the writ petition.

4. Learned counsel for the petitioners further submits

that petitioner No.1 moved earlier before this Court in CWJC

No. 240 of 1997 which was decided on 09.12.1998 and,

subsequently, in CWJC No. 6539/2000 which was decided on

24.07.2015. From the order dated 24.07.2015 passed by this

Court in CWJC No. 6539 of 2000, it is clear that petitioner no.1

had filed the said writ petition for 47 contract labours, but upon Patna High Court CWJC No.1776 of 2020 dt.12-10-2023

going through the record, the Court found that petitioner No.1

was not authorized by other 46 remaining contract labours to

file the said writ petition nor he is representating a Union of the

contract labours and dismissed the said writ petition holding that

the petitioner cannot be permitted to agitate the claims of the

remaining 46 contracts labours. Thereafter, said petitioner,

namely, Sanjay Kumar preferred L.P.A. No. 2110 of 2015 which

was also dismissed and against the order passed in LPA, he

preferred Special Leave Petition (Civil) Diary No(s). 2091/2018

which was disposed of with the following observation : -

"Delay condones.

Learned counsel for the petitioner submits that the petitioner is a land loser and comes under a distinct category.

It is for the petitioner to agitate the same in appropriate proceedings.

Without prejudice to such liberty, this special leave petition is disposed of.

Pending application(s), if any, shall stand disposed of."

6. Learned counsel for the petitioner further submits

that in light of the said observation made in Special Leave

Petition (Civil) Diary No(s). 2091/2018, the petitioner made a

representation on 24.04.2019, as contained in Annexure-12 to Patna High Court CWJC No.1776 of 2020 dt.12-10-2023

the writ petition. In the said representation, nothing happened

thereafter the petitioner filed the present writ petition with the

relief mentioned above.

7. Learned counsel for the respondent filed a counter

affidavit and submitted that in the light of the order passed by

this Court in CWJC No. 6539 of 2000, LPA No.2110 of 2015,

and also the order passed by the Hon'ble Apex Court in Special

Leave Petition (Civil) Diary No(s). 2091/2018, there is nothing

left and this writ petition is fit to be set aside.

8. Upon going through the pleadings and the

documents, it transpires to this Court that in the light of the

order passed by this Court in CWJC No. 6539 of 2000, LPA

No.2110 of 2015, and also the order passed by Hon'ble the

Apex Court in Special Leave Petition (Civil) Diary No(s).

2091/2018, the said representation ought to have been filed only

by petitioner no.1 of the present writ petition.

9. In this background, this Court directs petitioner

no.1 to file a fresh representation before the respondent

authorities in the light of the observation made in the Special

Leave Petition within six from today along with a copy of this

order whereupon the respondent authority is directed to pass a

reasoned and speaking order in accordance with the law within Patna High Court CWJC No.1776 of 2020 dt.12-10-2023

three months thereafter

10. With the above observation and direction, the

present petition stands disposed of.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR
CAV DATE                NA
Uploading Date          18/10/2023
Transmission Date       NA