IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2114 of 2007 Krishan Kumar, SON OF RAMESHWAR PRASAD, RESIDENT OF VILLAGE & POST OFFICE- HARTI, POLICE STATION- NAWHATTA, DISTRICT- SAHARSA :---PETITIONER. Versus 1. The State Of Bihar 2. THE COMMISSIONER-CUM-SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, SINCHAI BHAWAN, PATNA. 3. THE DIRECTOR, LAND ACQUISITION AND REHABILITATION, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, BIRPUR, 5. THE REHABILITATION OFFICER, SUPAUL. 6. THE EXECUTIVE ENGINEER, EAST KOSHI CANAL DIVISION, CHANDRAYAN, SAHARSA :---RESPONDENTS. ---------------------------------- 2. 16.08.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order bearing Memo No. 2324 dated 27.7.2006 passed by the Director, Land Acquisition and Rehabilitation, Water Resource Department of the State Government, Annexure-1, whereunder appointment of the petitioner on the post of Chainman has been cancelled on the ground that the same was made by the then Director Sri Gangadhar Jha under Memo No. 35/C Camp, Saharsa dated 21.3.1989 without undertaking any selection process for such appointment. 2 3. It is submitted on behalf of the petitioner that his lands and the house stood originally raised over the lands which is situate between the two embankments raised to protect the residents of the adjoining area from the fury of flood of river Koshi. After raising embankment on both the sides policy decision was taken by the State Government contained in Cabinet Secretariat Letter No. 156 dated 2nd April, 1987, Annexure-2 to provide employment to those whose house and lands stood situate between the two embankments. 4. It is submitted on behalf of the petitioner that without considering the fact that petitioner was a displaced person pursuant to raising of the two embankments as his house and the lands stood situate within the area which fell between the two embankments and on account of raising of the two embankments petitioner had to be displaced from his house and the lands and in appreciation of such fact was provided appointment as Chainman by the Director under Letter No. 3 35/C Camp Saharsa dated 21.3.1989 the impugned order has been passed. In this connection counsel for the petitioner has also relied on the Division Bench judgment of the High Court dated 12th July, 2011 passed in the case of State of Bihar and Ors. Vs. Ram Bujhan Yadav and others bearing L.P.A.No. 272 of 2008. 5. Having heard counsel for the petitioner and the State, the writ petition is disposed of so as to enable the petitioner to impress upon the authorities of the Water Resource Department (Principal Secretary of the Department) that he was given the aforesaid appointment under Letter No. 35 C Camp, Saharsa dated 21.3.1989 after it was found that he was a displaced person in the light of the policy decision of the Government dated 2nd April, 1987, Annexure- 02 and if the contentions raised by the petitioner is found correct the Secretary of the Department shall pass appropriate order recalling the order dated 27.7.2006, Annexure-1. In case petitioner is not found to be a displaced person as his 4 house and lands never submerged between the two embankments of river Koshi a reasoned order indicating such fact be passed, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the Secretary of the Department. P.K.P. (V.N.Sinha,J.)