MAHABIR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for quashing order dtd. 12/12/2019 (Annexure-4 to the writ petition) passed by the respondent no. 2 - the Divisional Railway Manager (Engineering), South Eastern Railway, Chakradharpur, whereby the petitioner's application for consideration of his case with respect to acquisition of his land appertaining to Old Khata No. 1, Old Plot No. 1, Village- Susnigaria has been rejected. Further prayer has been made for issuance of direction upon the respondent authorities to consider the petitioner's case with respect to acquisition of the said land keeping in view that the document of title is written in 'Bangla' script and to pay appropriate compensation to him in lieu of the said acquisition.

(2.) Heard learned counsel for the parties and perused the content of the writ petition. It appears that the petitioner earlier moved before this Court by filing a writ petition being W.P.(C) No. 2191 of 2019 seeking direction to restrain the concerned railway authorities from acquiring his aforesaid land. The said writ petition was disposed of by a Bench of this Court vide order dtd. 20/11/2019 giving liberty to the petitioner to approach the Divisional Railway Manager, South Eastern Railway, Chakradharpur (the respondent no. 2) by filing a representation with relevant documents within one week from the date of receipt of a copy of the said order and the respondent no. 2, in turn, was directed to take decision in the said matter strictly in accordance with law within a period of two weeks thereafter.

(3.) According to the petitioner, pursuant to the said order dtd. 20/11/2019, he filed a representation dtd. 23/11/2019 before the respondent no. 2, however, the said respondent informed the petitioner vide letter dtd. 12/12/2019 that since he did not submit any document in support of his lawful title over the land in question, it was not possible to take any decision on the same within the timeframe as stipulated by this Court vide order dtd. 20/11/2019. The petitioner thereafter filed a contempt case being Contempt Case (Civil) No. 126/2020 for initiating a contempt proceeding against the respondent no. 2, which was disposed of by the National Lok Adalat (Virtual) vide order dtd. 10/7/2021 closing the said contempt case observing that the order had been complied by the said respondent. However, it was left open for the petitioner to assail the order as contained in letter dtd. 12/12/2019 before the appropriate forum/court.