High CourtsDivision Bench(2019) 12 PAT CK 0092

Niranjan Sharma And Ors vs Union Of India The Secretary And Ors

Patna High Court · Decided on 9 December 2019

HON’BLE JUDGES
Sanjay Karol, CJ · Anil Kumar Upadhyay, J
RESULT
Dismissed
CASE NUMBER
Letters Patent Appeal No. 577, 579 Of 2019 In Civil Writ Jurisdiction Case No. 18128 Of 2017

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Judgment

7 paragraphs · 240 words
1.

Heard learned counsel for the appellants and learned counsel for the respondents.

2.

Appellants have preferred the present appeals against the impugned judgment dated 9th of April, 2019 passed by a learned Single Judge of this Court in C.W.J.C. No. 18128 of 2017, titled as Niranjan Sharma & Ors. Vs. The Union of India & Ors., whereby the writ petition filed by the appellants stands dismissed.

3.

Appellants are seeking appointment, on the basis of policy framed by the Railways, compensating such of those land-owners whose land stood acquired way back in the year 2010-11.

4.

Whether such policy is enforceable and justiceable or not is a different issue. Whether there was any representation, affirmative in nature conferring rights upon the writ-petitioners, is yet another matter.

5.

We find that the learned Single Judge has dismissed the petition on the ground of delay and laches, which finding we do not find to be perverse in any manner. The land was stood acquired in the year 2010-11 and the writ-petitioners approached the Court only in the year 2017 when their petition stood rejected. Repeated representations made on behalf of the petitioners will not revive the cause of action.

6.

As such, we find no infirmity in the impugned order dated 9th of April, 2019 passed in C.W.J.C. No. 18128 of 2017, titled as Niranjan Sharma & Ors. Vs. The Union of India & Ors.

7.

The Appeals stand dismissed accordingly.