Patna High Court LPA No.1121 of 2009 (5) dt.14-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1121 of 2009 In Civil Writ Jurisdiction Case No. 16451 of 2001 ====================================================== Sabbir Alam & Ors .... .... Appellants Versus The State of Bihar & Ors .... .... Respondents ====================================================== For the Appellants : Mr. Ashutosh Jha, Adv. Mr. Narendra, Raddy, Adv. Mr. Vijay Kant Mishra, Adv. ====================================================== 5 14-09-2011 The present L.P.A. has been filed against the order dated 10.04.2009 passed in C.W.J.C. No. 16451 of 2001, wherein the learned Single Judge having heard both sides directed the petitioners-appellants herein to approach the Civil Court for seeking compensation for removal from the land of the municipality. Learned counsel appearing on behalf of the appellants has stated that the appellants have filed the writ petitioner seeking the relief of rehabilitation by allotting alternative accommodation by the State. However, the learned Single Judge after rendering the Judgment directed the appellants to approach the Civil Court. From perusal of annexure- 3, it appears that on earlier occasion, this Court has already passed an order in C.W.J.C. No. 6543 of 1994, wherein the appellants being the Patna High Court LPA No.1121 of 2009 (5) dt.14-09-2011 petitioners therein have prayed for awarding compensation including other reliefs and the learned Single Judge of this Court has disposed of this matter with a direction that the appellants and the other displaced persons will be rehabilitated soon in accordance with law and further with regard to their claim for compensation it has been observed that it will be open to the petitioners to take whatever measures that may be available to them in law. In view of the said facts, we are of the opinion that the respondents are duty bound to follow the order passed in C.W.J.C. No. 6543 of 1994. Accordingly, this L.P.A. is disposed of with a direction to the State Government to consider the case of the appellants herein if they are still in need of rehabilitation after ascertaining the facts in accordance with law, if they had not already been rehabilitated. With the above observation, the order of learned Single Judge is set aside and L.P.A. is accordingly allowed. Bhardwaj/- (T. Meena Kumari, J) (Vikash Jain, J)