LAL BIHARI SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) THIS petition filed under Article 226 of the Constitution is in Hindi. Mr. Ajay Tripathy, Addl. SCCG raises an objection regarding its maintainability. He points out that rule 1 under Chapter III of the Patna High Court Rules provided that 'every application to the High Court shall be by a petition written in the English language '. Mr. Tripathy also expressed his inability to file a counter affidavit on behalf of the respondents stating that he was unable to follow all the statements made in the writ petition exactly and clearly.

(3.) HOWEVER , the disposal of this case on merits does not mean any approval by this court of filing writ petition in Hindi and this order may not be taken as a precedent for filing in future a petition in Hindi. The petitioner seeks a direction to the Bharat Petroleum Corporation Limited and its officials to give him employment on a Class IV post on the ground that a piece of land belonging to the petitioner also formed part of the total area of 12.0454 acres taken into acquisition near Phulwarisharif, Patna for the Corporation for setting up its storage tanks. According to the petitioner, a piece of land 53/4 decimals (slightly under 2 kathas) in area belonging to him also went into the acquisition. It is not in dispute that the petitioner, like all the other persons whose lands were taken into acquisition, was paid due compensation as provided under the Land Acquisition Act. Apart from compensation, the petitioner claims employment on the ground that his land was taken into acquisition for the Corporation.