IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19281 of 2010 1. RUPAN RAM S/O LATE BIKRAM RAM 2. GUNI RAM SON OF LATE BIKAN RAM 3. MUNDRIKA RAM S/O LATE BHAGARU RAM 4. LAKHAN RAM S/O LATE JITBAHAN RAM 5. MANDIP RAM SON OF LATE PRAMESHWAR RAM 6. SINGASAN RAM S/O LATE PRAMAESHWAR RAM 7. RAGHUBAR RAM SON OF LATE PHAGUNI RAM 8. AKHLESH PASWAN SON OF LATE JAGESHWAR PASWAN 9. DWARIKA RAM SON OF LATE BANARASI RAM 10. PRABHESH RAM SON OF LATE MUKHU RAM 11. BEERA RAM SON OF LATE ANTU RAM 12. LAKHDEO RAM SON OF LATE BHAADAEE RAM 13. PHULMATI KUNWAR W/O LATE JAISREE RAM 14. KRISHNA RAM SON OF LATE DUKHI RAM 15. JITAN RAM SON OF LATE SAHDEO RAM 16. MOSAFIR RAM SON OF LATE TOOPHANI RAM 17. NANKU RAM SON OF LATE CHHURA RAM 18. RAMADHAR RAM SON OF SRI MANDIP RAM 19. PRAMOD RAM SON OF SRI LAKHAN RAM 20. AMERIKA RAM SON OF LATE BANARSI RAM 21. NANDLAL RAM SON OF SRI GUNI RAM 22. CHALITAR RAM SON OF LATE PRAMSHWAR RAM 23. RAMBILAS RAM SON OF LATE PHULCHAN RAM 24. SRI SUNDAR RAM SON OF LATE TAPESHWAR RAM 25. SRI ANIMIEA RAM SON OF LATE BANARSI RAM (ALL R/O VILL. SURAR P.S. NAVINAGAR, DIST. AURANGABAD) ----- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY BIHAR, PATNA. 3. THE COMMISSIIONER, MAGADH COMMISSIONARY GAYA 4. THE DISTRICT MAGISTRATE, AURANGABAD 5. THE LAND ACQUISITION OFFICER, AURANGABAD, DIST. AURANGABAD. ----- RESPONDENTS. For the Petitioners : Mr. Ajit Ranjan Kumar, Advocate. For the State : Mr. Rabindra Kumar Priyadarshi, A.C. to AAG-III ----------- 02 01.12.2010 Heard learned counsel for the petitioners and the State. Petitioners pray for the following relief(s):- (i) The respondents be commanded to 2 rehabilitate the petitioners at suitable place before acquisition of their homestead land. (ii) The respondents be commanded to give compensation amount before their rehabilitation. (iii) The respondents be restrained from demolition of petitioners structure upon their respective homestead land till suitable rehabilitation of the petitioners. (iv) The petitioners be extended any other reliefs/ reliefs for which they found entitled. It appears that as per the averments made in the application petitioners were allotted certain homestead land by the revenue authorities. Few documents respecting some of the petitioners have been enclosed in support of the said averments as Annexure-1 series. It is the stand of the petitioners that the State has now acquired those lands for establishment of Navinagar Thermal Power Station. This is what petitioners have stated in paragraph no.7:- “7. That the petitioners came to know that their homestead land is going to be acquired for establishment of Navinagar Thermal power station. They approached vide representation dt. 7-9-2010 to the authority with grievance that before acquisition of their homestead land they would suitably compensated and 3 rehabilitated but in vain.” This Court after having heard the parties is of the view that representation of the petitioner (Annexure-2) should at the first instance be considered and disposed of by the respondent District Magistrate, Aurangabad. It will be open to the petitioners to file a fresh representation along with a copy of the present order within a period of 04 weeks from today. In the event such application/representation if filed within the aforesaid time, it is expected the respondent Collector shall examine the same and dispose of the same by a reasoned order within a period of 02 months therefrom. With the aforesaid observation/direction the application stands disposed of. Sym ( Kishore K. Mandal, J.)