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2014 DIGILAW 377 (JHR)

Thakur Das Mahto v. State of Jharkhand

2014-03-10

R.BANUMATHI, SHREE CHANDRASHEKHAR

body2014
ORDER Appellant is represented by Mr. H.K. Mahato, learned counsel and the respondents are represented by Mr. V.K. Prasad, S.C. (L&C). 1. Being aggrieved by the dismissal of the writ petition being W.P.(C) No. 1726 of 2013 in and by which, learned Single Judge declined to issue directions to the respondents to issue 'Vikash Pustika' and to pay rehabilitation grants to the petitioner under the State Rehabilitation Policy of the year, 2003, further modified by 2012 Scheme of the Swarnarekha Multipurpose Project, Chandil. 2. The case of the appellant is that he is an oustee in the construction of the Swarnarekha Multipurpose Project, Chandil (for short the 'Project') as his all cultivable properties as well as his houses have been acquired by the respondents for the purpose of the aforesaid Project and for that purpose, compensation as enumerated by the respondents have been paid to the appellant. It is the further case of the appellant that one Vikash Pustika No. 09326 in the name of father of the appellant was issued on 21.09.1990. But in the year 2003, a Rehabilitation Policy was published by the respondent-State to consider the adult members of the family as a separate and to provide them grants for rehabilitation. 3. According to the petitioner, he had applied for getting the benefits of rehabilitation as per 2003 Rehabilitation Policy of the State but the same had not been considered. Since the application of the appellant was not considered by the State-respondent, he had approached this Court by filing a writ petition being W.P(C) No. 1726 of 2013. 4. The learned Single Judge, holding that the appellant is claiming monetary benefits on the basis of some Non-Statutory Policy of the State Government, for which, no writ of mandamus can be issued, dismissed the said writ petition giving liberty to the appellant to file a suit claiming the said benefits as per the 2003 Rehabilitation Policy of the State. 5. We have heard Mr. H.K. Mahato, learned counsel appearing for the appellant and Mr. V.K. Prasad, S.C. (L&C) appearing for the respondents-State. 6. Learned counsel appearing for the appellant has drawn our attention to the various orders passed by the learned Single Judge directing the State-respondents to consider the representation of the displaced persons under 2003 Rehabilitation Policy and also 2012, which is further modified Policy. 7. V.K. Prasad, S.C. (L&C) appearing for the respondents-State. 6. Learned counsel appearing for the appellant has drawn our attention to the various orders passed by the learned Single Judge directing the State-respondents to consider the representation of the displaced persons under 2003 Rehabilitation Policy and also 2012, which is further modified Policy. 7. In the circumstances, without going into the merits of the claim of the appellant, the Letters Patent Appeal is being disposed of by giving liberty to the appellant to approach respondent No.3The Rehabilitation Officer, Swarnarekha Multipurpose Project, Chadil, Seraikella Kharswan, with a fresh representation within a period of four weeks from today for seeking appropriate relief under the 2003 Rehabilitation Policy, further modified by 2012 Policy. On receipt of such representation, the respondent No. 3The Rehabilitation Officer, Swarnarekha Multipurpose Project, Chandil, District-Seraikella Kharswan, shall consider the same in accordance with law and after verification of the necessary and relevant documents and also taking into account the 2003 Rehabilitation Policy of the State, further modified by 2012 Policy, pass a reasoned and speaking order, within a period of 12 weeks thereafter. 8. If the appellant is entitled for the benefits of 2003 Rehabilitation Policy, further modified by 2012 Policy, the same shall be extended to him at an early date. 9. Accordingly, this Letters Patent Appeal stands disposed of in the aforesaid manner. Appeal disposed of.