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Patna High Court

Devendra Kumar and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition seeking a directive for employment of the land losers is dismissed and the petition is disposed of.

Summary

A group of 39 petitioners, who lost land due to acquisition for a thermal power project, filed a writ petition seeking a court order directing the State of Bihar and various electricity boards to provide them employment without discrimination, based on assurances given at the time of acquisition. The petitioners argued that they were entitled to such employment as part of the acquisition settlement. The Court examined the prayer and concluded that it could not grant the relief sought. It noted that the petitioners could approach the appropriate authority individually to make representations regarding employment. Consequently, the writ petition was disposed of without any order on the merits.

Issues considered

  • What relief, if any, can a court grant directing the State and its agencies to provide employment to land losers under a land acquisition scheme?

Subjects

  • land acquisition
  • employment
  • writ petition
  • discrimination
  • public purpose
  • state electricity board

Judgment

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.23281 of 2018
     ======================================================
1.    Devendra Kumar Son of Gonaur Paswam
2.   Arvind Paswan Son of Harihar Paswan
3.   Akhilesh Kumar Sahni Son of Satya Narayan Sahni
4.   Dasrath Sahni Son of Devdhari Sahni
5.   Syed Wasim Sajjad Warsi Son of Md. Hussain Warsi
6.   Ram Bahadur Sahni Son of Jangi Lal Sahni
7.   Gulam Farid Warsi Son of Nawaz Ahmad Warsi
8.   Ram Babu Sahni Son of Kapal Singh
9.   Abhishek Kumar Son of Mahesh Prasad Sahni
10. Balendra Kumar Paswan Son of Lakhindra Paswan
11. Amar Kumar Ram Son of Nandu Ram
12. Bharat Kumar Son of Raghunath Sahni
13. Santosh Kumar Sahni Son of Rameshwar Sahni
14. Rahul Kumar Son of Uma Shankar Sahni
15. Rajesh Sahni Son of Satya Narayan Sahni
16. Umesh Sahni Son of Jaga Sahni
17. Balindra Sahni Son of Ramshe Sahni
18. Md. Umair Son of Md. Jafir Alam
19. Nand Kishore Prasad Son of Rajendra Bhagat
20. Pankaj Sahni Son of Ramesh Sahni
21. Abhishek Kumar Son of Ram Pukar Sahni
22. Surendra Sahni Son of Ram Chandra Sahni
23. Baiju Sahni Son of Prabhu Sahni
24. Anil Sahni Son of Anandi Sahni
25. Durga Sahni Son of Ram Karan Sahni
26. Md. Ahmad Ali Warsi Son of Md. Leyakat Hussain Warsi
27. Md. Imran Warsi Son of Allauddin Warsi
28. Vikash Kumar Son of Suresh Sahni
29. Anand Kumar Son of Lal Babu Sahni
30. Ram Nath Ram Son of Bal Kishun Ram
31. Gajendra Sahni Son of Gonu Sahni
32. Raj Kumar Sahni Son of Bigan Sahni
33. Abdul Wahab Son of Abdul Satar
34. Munna Kumar Sahni Son of Ram Autar Sahni
35. Pratap Sahni Son of Sheonandan Sahni
         Patna High Court CWJC No.23281 of 2018(3) dt.31-01-2026
                                                       2/3




           36. Sanjay Kumar Son of Sukan Sahni
           37. Ravi Kumar Son of Ramu Sahni
           38. Ram Narayan Sahni Son of Jangi Lal Sahni
           39. Arman Warsi Son of Taj Mohammad All resident of Village- Kanti Kaswa,
               Ward No. 3, P.S.- Kanti, District- Muzaffarpur

                                                                              ... ... Petitioner/s
                                                        Versus
           1.    The State Of Bihar
           2.    The Land Acquisition Officer, Muzaffarpur
           3.    The Anchal Adhikari, Kanti, Muzaffarpur
           4.    The Bihar State Electricity Board through its Chairman having office at
                 Vidyut Bhawan, Bailey Road,
           5.    The General Manager, Tirhut ARea Electricity Board, Muzaffarpur
           6.    The N.T.P.C Ltd. through its Chairman having its Office
           7.    The N.T.P.C Ltd. Kanti at Muzaffarpur
           8.    The Muzaffarpur Thermal Power Station, Kanti through its Chairman,
                 having his Office at Kanti, Muza
           9.    The General Manager cum Chief Engineer, Muzaffarpur Thermal Power
                 Station, Kanti, Muzaffarpur
           10. The Kanti Bijli Utpadan Nigam Limited K.B.U.N.L at Kanti, Muzaffarpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Lala Sachindra Kumar, Advocate
                                                  Mr. Ashok Kumar Singh No.2, Advocate
                 For the State           :        Mr.Viveka Nand Singh, AC to GP-18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   31-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   following relief/s:

                                             “for issuance of appropriate Writ and/or

                                             Order           directing/commanding           the

                                             Respondents to give employment to the land

                                             loosers         (petitioners)   without        any
         Patna High Court CWJC No.23281 of 2018(3) dt.31-01-2026
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                                           discrimination to them as per resolution

                                           and/or      assurance/commitment    of   the

                                           Respondents at the time of the acquisition of

                                           the land in question”.

                                3. After some argument, learned counsel for the

                   petitioners submit that they shall be preferring individual

                   representation before appropriate authority.

                                4. Considering the prayer that has been put forward

                   by the petitioners, no relief can be extended to them.

                                5. Since, they want to make representation, allowing

                   them to do so, without commenting on the merit of the case, the

                   writ petition is disposed of.




                                                 (Rajiv Roy, J)
Ravi/-

U


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