IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.21 of 2011
SHATRUGHAN SHARMA @ SATRUGHAN SHARMA
Versus
THE UNION OF INDIA & ORS
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2 21.6.2011 Heard counsel for the petitioner and the State.
In the instant writ petition the petitioner seeks a direction
to the respondent authorities to settle some lands for business
purposes to the petitioner under section 43 of the Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995.
The petitioner based his claim on the premise that he
suffered serious injuries at the hands of the criminals and has
become 100% disabled for which Goh P.S. Case No.83/93 dated
12.12.1993 under sections 324, 307/34 of I.P.C. and section 27
Arms Act was registered. In this connection he has drawn my
attention to the certificate dated 26.11.2002 granted by the Civil
Surgeon cum Chief Medical Officer, Aurangabad, contained in
Annexure-3. He further submits that he had passed M.A.(Phil)
Annual Examination in the year 1986. The petitioner has drawn my
attention to the various communications made by the several
authorities requesting the District Magistrate/Collector to consider
the settlement of the land in favour of the petitioner. He submits that
the Additional Collector, Aurangabad vide letter no.468 dated
6.7.2009 directed all concerned for settling the Government land
with the disabled persons. Thereafter, the Chief Commissioner for
Persons with Disabilities vide Dispatch No.4902 dated 12.8.2009
requested the District Magistrate, Aurangabad for allotment of the
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land in favour of the petitioner. Thereafter, the Additional Collector,
Aurangabad vide letter no.807 dated 9.9.2009 directed the Circle
Officer, Goh for settling the land with the petitioner for business. It
is stated that the Deputy Chief Commissioner for Persons with
Disabilities vide Dispatch No.6025 dated 30.10.2009 requested the
District Magistrate, Aurangabad for allotment of the land in favour
of the petitioner.
Learned State counsel submits that the Circle officer, Goh
vide letter no.605 dated 19.12.2009 informed the Additional
Collector, Aurangabad that vide letter no.423 dated 9.10.2009
records have been sent to the Land Reforms Deputy Collector,
Daudnagar.
The petitioner submits that thereafter he has filed a
representation dated 25.11.2009 before the District Magistrate,
Aurangabad for settlement of land in his favour for business but no
action has been taken as yet.
Considering the facts and circumstances of the case, I am
of the view that the petitioner should file a fresh representation
before the Collector, Aurangabad who would dispose of the same
within a period of three months from the date of receipt/production
of a copy of this order. However, it would be open to the Collector
to consider the letters of the various authorities referred to above.
With the aforesaid observation and direction, this writ
petition stands disposed of.
(S.P.Singh,J)
KHAN
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