PATNA, India, July 18 -- Patna High Court issued the following judgment on July 10:

In the instant petition, petitioners seek following relief(s):-

For the issuance of writ in the nature of mandamus for giving a direction to either vacate the land of the petitioner by restoring its position or to grant them compensation for making encroachment of their land of at about 4 decimal having revenue Thana No. 34 (Dumari) Khata No. 125, Khesara No.

3350, situated in Mouza Jat Dumari, P.S. Punpun, District Patna which has been acquired for the purpose of construction of Platform and others purposes by the respondent authorities, and any other relief/reliefs which this Hon'ble Court deem fit and proper in the fact and circumstances of the case.

2. Learned counsel for the petitioners submit that mother of the petitioners purchased the land from one Sarju Sah which is situated in Thana No. 34 (Dumari) Khata No. 125, Plot No. 3350 through registered sale deed dated 11.12.2001. He further submits that the said land of the petitioners has been taken away by East Central Railway, Hajipur for widening of platform. He further submits that land of the petitioners have been taken away without issuing any notice to them, which is against the spirit of the law. He further submits that petitioners have represented their grievance before the General Manager, Eastern Railway Hazipur (Bihar) for grant of compensation as contained Annexure P/3 but no action has been taken up till now.

3. Learned counsel for the Respondents submits that petitioners have not represented their grievance before appropriate authority. He, however, submitted that if petitioners represent their grievance fresh before the General Manager, East Central Railway, Hazipur (Bihar), the competent authority will look into the matter.

4. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the present writ petition stands disposed of with direction to petitioners to file fresh representation raising all the grievances as has been raised in the present writ petition before the competent authority within a period of four weeks from the date of receipt of this order. If such representation is filed within the stipulated period, the competent authority shall pass appropriate order after giving due opportunity of hearing to the parties concerned within a reasonable period of time preferably within eight weeks from the date of filing of their representation.

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