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2020 DIGILAW 234 (JHR)

Bhaiyram Singh v. State of Jharkhand

2020-02-06

SANJAY KUMAR DWIVEDI

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JUDGMENT : Heard Mr. Binod Kumar Jha, the learned counsel appearing for the petitioners and Mr. Abhishek Sinha, the learned counsel appearing on behalf of the respondent-State. 2. The petitioners have filed this writ petition for giving financial assistance and appointment to the petitioners as per the Rehabilitation Policy, 2012. 3. Mr. Binod Kumar Jha, the learned counsel for the petitioners submits that the land in question has been acquired but the benefit has not been given in favour of the petitioners and that is why this writ petition has been filed. He further submits that there is provision of employment and such employment has not been extended to the petitioners. By way of referring to paragraph no.9 of the counter affidavit dated 27.08.2019 he submits that in that paragraph it was admitted that few grants are left to be paid to seven original displaced persons and the same is under process and at this stage, he is only confined to the statement made in paragraph no.9 of the counter affidavit. 4. Mr. Abhishek Sinha, the learned counsel appearing on behalf of the respondents vehemently opposed the prayer of Mr. Jha, the learned counsel for the petitioners and submits that this is the acquisition of the year 1986-87 and the petitioners have approached this Court after a lapse of 26 years and in that view of the matter, the matter remains to be decided by this Court. 5. In view of the above facts and the discussions and considering the submissions of the learned counsels appearing for the parties, this Court finds that the petitioners have approached this Court after 26 years of the said acquisition and in one of the counter affidavit it has been stated that the award has already been passed and the awardees have already been paid and in that view of the matter no positive order can be passed in favour of the petitioners. However, seeing the paragraph no.9 of the counter affidavit dated 27.08.2019 in the interest of justice it is desirable that the respondents should take a decision with regard to the statement made in that paragraph and accordingly, the petitioners are directed to file a fresh representation before the authority concerned and they will take a decision looking into the statement made in paragraph no.9 of the said counter affidavit dated 27.08.2019. They will do so within a period of six weeks from the date of receipt/production of a copy of this order. 6. On deciding the representation if any due is decided in favour of the petitioners, the same shall be released in favour of those persons as stated in paragraph no.9 of the said counter affidavit within a period of six weeks thereafter. 7. With the aforesaid observation and direction, the instant writ petition being W.P.(C) No.2545 of 2014 stands disposed of. 8. I.A., if any, also stands disposed of.