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2017 DIGILAW 132 (JHR)

Bidesh Mahto v. State Of Jharkhand

2017-01-17

APARESH KUMAR SINGH

body2017
ORDER Mr. Aparesh Kumar Singh, J. – Heard counsel for the parties. 2. Petitioners seek a direction upon the respondent authorities for issuance of Vikas Pustika in their names under the State Rehabilitation Policy, 2012. Petitioners contend that their cases fall under the category of displaced persons as their cultivable land has been acquisitioned for the purposes of construction of Swarnarekha Multipurpose Project, Chandil over a period of time. Petitioners have lost all the landed property except the dwelling houses. Petitioners claim to have applied for issuance of Vikas Pustika before the Rehabilitation Officer, Swarnarekha Multipurpose Project, Chandil (Annexure-2) is evidenced in support thereof. 3. The Circle Officer, Nimdih has undertaken the verification and submitted his report to the Rehabilitation Officer vide letter no. 182 dated 17th April, 2010 Annexure-3 containing a list of displaced persons of Village-Muru who are entitled to receive the Vikas Pustika and rehabilitation grant. Except petitioners Fatik Mahato and another in W.P. (C) No. 6412 of 2016, names of other petitioners in respective writ petitions do appear in the letter dated 17th April, 2010. According to learned counsel for the petitioners names of Fatik Mahto and another copetitioner were also identified in an exercise conducted by the Circle Officer, Nimdih. Petitioners have therefore approached this Court for redressal of their grievances. It is submitted that in similar circumstances, this Court has been pleased to direct the Respondent authorities to consider the representation of said persons seeking rehabilitation, in accordance with law, by passing a speaking and reasoned order such as Annexure-4 judgment passed in WPC No. 6652/2012. 4. Counsel for the Respondent State submits that instructions have not been furnished in the matter as it was filed recently. However, petitioners may be directed to file a representation with all supporting documents, which shall be considered by the competent authority / Respondent No. 2 - Rehabilitation Officer, Swarnarekha Multipurpose Project, Chandil in accordance with law. 5. 4. Counsel for the Respondent State submits that instructions have not been furnished in the matter as it was filed recently. However, petitioners may be directed to file a representation with all supporting documents, which shall be considered by the competent authority / Respondent No. 2 - Rehabilitation Officer, Swarnarekha Multipurpose Project, Chandil in accordance with law. 5. In the circumstances, without getting into the merits of the claim of the petitioners, writ petitions are being disposed of with liberty to the petitioners to approach the competent authority / Respondent No. 2 - Rehabilitation Officer, Swarnarekha Multipurpose Project, Chandil with a fresh representation with all necessary facts and documents for representation, the competent authority / Respondent No. 2 - Rehabilitation Officer, Swarnarekha Multipurpose Project, Chandil shall consider the same in accordance with law after verification of necessary and relevant documents and also taking into account the rehabilitation policy of the State, pass a reasoned and speaking order within a period of ten weeks thereafter. If the petitioners are entitled to issuance of Vikash Pustika, the same shall be issued to them within a period of four weeks thereafter. 6. Writ petitions are disposed of in the aforesaid manner.