Patna High Court
Arvind Kumar YadavversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner falls within Category 3 of Resolution No. 1212/1993 and is entitled to consideration for a Class‑III/Class‑IV appointment, thereby quashing the order rejecting his claim.
Summary
The petitioner Arvind Kumar Yadav claimed that his land was acquired for the Larma Pump Nahar Project and, under Resolution No. 1212 dated 18‑09‑1993, he is entitled to appointment to a Class‑III/Class‑IV post as a displaced person. Earlier orders by the Chief Engineer and Executive Engineer rejected his claim, leading to several writ petitions and contempt proceedings. The petitioner argued that despite retaining a small parcel of land, he falls within Category 3 of the resolution, which mandates consideration for such appointments. The Court examined the classification, the applicability of the resolution, and the authority’s failure to decide on the petitioner's entitlement. Finding that the petitioner indeed qualifies under Category 3, the Court quashed the memo dated 12‑03‑2018 rejecting his claim and directed the Principal Secretary, Water Resources Department, to consider his representation. The writ petition was thereafter disposed.
Issues considered
- Whether the memo dated 12‑03‑2018 rejecting the petitioner's claim can be quashed.
- Whether a person classified under Category 3 of Resolution No. 1212/1993 is entitled to appointment to a Class‑III/Class‑IV post.
- Whether the petitioner, despite retaining a small portion of land, qualifies as a landless/displaced person under the resolution.
Subjects
- land acquisition
- displacement
- water resources department
- appointment
- class IV post
- Resolution No. 1212/1993
- quashing order
- writ petition
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10864 of 2018
======================================================
Arvind Kumar Yadav S/o Shiv Shankar Yadav, Resident of village- Larma
PO.- Karmnasa, P.S.- Durgawati, District- Bhabhua Kaimur.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Principal Secretary, Water Resources Department Government of Bihar,
Patna.
3. The Dy. Secretary Water Resources Department, Government of Bihar,
Patna.
4. The Engineer-in-Chief, Water Resources Department Government of Bihar,
Patna.
5. The Chief Engineer, Water Resources Department Dehri. Bihar.
6. The District Magistrate, Bhabhua District- Bhabhua Kaimur.
7. The Superintending Engineer Water Road Circle Bhabhua Bihar.
8. The Executive Engineer, Water Road Division, Mohania Bihar.
9. The Executive Engineer, Jamania Pump Nahar Division, Ramgarh, Bihar.
10. The Circle Officer, Durgawati, District- Kaimur Bhabhua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar, Adv.
For the Respondent/s : Mr. Vikash Kumar- Sc11
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 09-02-2026 Heard Mr. Dhirendra Kumar, learned counsel for the
petitioner and the State.
2. The present application has been preferred for the
following relief(s):
(i). For quashing the letter contain
in memo no 419 dated 12.3.18 issued under
the signature of Chief engineer water
resources department Dehri, where by the
chief engineer rejected the claim of the
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petitioner even without deciding the
classification of displaced persons as per
notification /scheme on baseless ground
observing that there is 0.7 Acres of land is
recorded in the name of grandfather of the
petitioner and 0.56 Acre land recoded in the
name of mother of the petitioner therefore
claim of the petitioner that his entire land has
been acquired is not correct.
(ii). For direction to respondents'
authority to appoint the petitioner on any class
IV post under resolution no 1212 dated
18.9.13 issued by the then secretary of the
department, as the petitioner is displaced
person his entire land has been taken by the
water Resources Department Government of
Bihar for Nahar project.
(iii). For any other relief reliefs for
which the petitioner may be found entitled.
3. If the writ petitions and the contempt petitions are
added, this is the fifth time that the petitioner has knocked the
doors of the Patna High Court. The petitioner’s family own a piece
of land bearing Khata No.- 109, Khesra No. 505 at Ramgarh under
Durgawati Circle in the district of Kaimur which was taken over
by the State of Bihar for Larma Pump Nahar Project.
4. This case is based on the Resolution No. 1212 dated
18.09.1993 issued by the Water Resources Department under the
signature of its Commissioner-cum-Secretary, Water Resources
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Department, Bihar, Patna (Annexure- P/1) wherein those
persons whose land were taken for different projects, four
categories have been made and those who come under this
category have to be considered for Class-III/Class IV post.
5. It seems the petitioner was minor at the time of the
acquisition of the land and later upon turning major years later, he
based his case on the said resolution and approached the
authorities. Ultimately, he moved before this Court in CWJC No.
3461 of 2009 (Arvind Kumar Yadav Vs. State & ors.). It was
disposed of on 24.03.2009 directing the respondent no. 9, the
Executive Engineer, Jamania Pump Nahar Division, Ramgarh to
take decision (Annexure-P/7).
6. As usual, the authority failed to take a decision which
followed the MJC No. 3828 of 2012 (Annexure-P/14).
Immediately thereafter, the respondents came into action and vide
orders dated 10.08.2018 (Executive Engineer, Jamania Pump
Canal Division, Ramgarh) and 13.08.2013 (Chief Engineer Water
Resources Department, Dehri) rejected the claim of the petitioner
(Annexure- P/12 and P/13 to the petition).
7. Accordingly, the MJC No. 3828 of 2012 came to be
disposed of on 11.09.2013 allowing the petitioner to assail the
order (Annexure- P/14). This followed CWJC No. 24087 of 2013
(Arvind Kumar Yadav vs. State of Bihar & Ors.).
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8. A Co-ordinate Bench of this Court disposed it of on
18.07.2016 taking note of the fact that the legal rights of the
petitioner vested in the said resolution dated 1993 has been
breached and accordingly, wanted reconsideration by the
Competent/appropriate authority of the Water Resources
Department, Bihar, Patna in accordance with law (Annexure 15 to
the writ petition).
9. Once again, the delayed decision led to filing of this
MJC No. 256 of 2018 and as usual, fresh decision came on
12.03.2018 (Annexure-P/28) after which the aforesaid contempt
petition was disposed of on 08.05.2018 allowing the petitioner to
act in accordance with law (Annexure-P/29).
10. The memo no. 419 dated 12.03.2018 was issued by
the Chief Engineer, Irrigation Division, Water Resources
Department, Dehri is under challenge is now under challenge in
the present writ petition.
11. Learned counsel for the petitioner has once again
taken this Court to the said resolution no. 1212 dated 18.09.1993
with specific reference to category 3 to show that where the 50 per
cent to 74 per cent of the land has been taken over, still, the family
is entitled for consideration of appointment. He thereafter, has
taken this Court to the second supplementary counter affidavit
filed on behalf of the respondent nos. 5, 7 and 9 duly signed by the
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Executive Engineer, Jamania Pump Canal Division, Mohania with
reference to paragraph 10 to show that the respondents have
accepted that he comes under category 3.
12. The submission is that whether in view of the said
acceptance by the respondents that the petitioner comes under
category 3 of the resolution no. 1212 dated 18.09.1993, the
entitlement of Class-IV post has to be considered by the
respondent authorities or not.
13. The State has taken this Court to the order in
question to show that the petitioner is not a landless person rather
it has come to the notice of the authorities that while 0.67 acres of
the land of the grandfather of the petitioner was taken over, still
there are certain lands in the name of his grandfather (0.07 acre)
and mother (0.56 acre) (totaling 0.63 acre of land) and as such, he
cannot claim himself to be a landless person.
14. Learned counsel for the petitioner submits that even
going by the said finding, he still comes under category 3 of the
land.
15. A case has been made out, the petitioner has
successfully shown himself to be under category 3 of the
resolution no. 1212 dated 18.09.1993. The State respondents have
also come forward to support the said contention that he comes
under category 3 of the resolution no. 1212 dated 18.09.1993.
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16. In that background, the question that the petitioner
has put forward before this Court is as to whether those coming
under category 3 of the resolution no. 1212 dated 18.09.1993 has
to be considered for appointment on Class-III/Class-IV post or not.
This question has not been answered by the Chief Engineer, Water
Resources Department, Dehri while passing the order in question (
resolution no. 1212 dated 18.09.1993).
17. Since for a decade, the Executive Engineer, Jamania
Pump Canal Division as also the Chief Engineer Water Resources
Department, Dehri have failed to come to the conclusion, it would
be appropriate that this matter be considered at the highest level
i.e. the respondent no. 2, the Principal Secretary, Water Resources
Department, Bihar, Patna. While considering the case of the
petitioner, the respondent no. 2 has to overlook the earlier orders,
cannot stamp on the said orders and the view expressed by him/her
in the reasoned order must be independent of all the earlier
orders/observations of either respondents or the Patna High Court
and must explain the resolution no. 1212 dated 18.09.1993 vis-a-
vis the categories that have been mentioned while deciding the
case of the petitioner.
18. The petitioner shall be filing a fresh representation
before the concerned respondent no. 2, the Principal Secretary,
Water Resources Department, Patna, Bihar in next eight weeks
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who shall be summoning fresh reports from the Circle Officer,
Durgawati, Kaimur as also the Chief Engineer Water Resources
Department, Dehri/ Executive Engineer, Jamania Pump Canal
Division, Ramgarh and thereafter shall pass a reasoned order in
question at an earliest.
19. The memo no. 419 dated 12.03.2018 (Annexure-
P/28) issued by the Chief Engineer, Irrigation Division, Water
Resources Department, Dehri stands quashed.
20. The writ petition is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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