2025:JHHC:16755 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 2189 of 2019 ----- 1. Mahabir Prasad, S/o Late Kauleshwar Mahto 2. Kauleshwar Prasad Dangi, S/o Late Dwarika Mahto, both are R/o Village-Chandaul, P.O. & P.S.-Barkagawan, Dist.-Hazaribag … …. Petitioners Versus 1. The State of Jharkhand through Principal Secretary, Department of Land Revenue and Raj Bhasha, Govt. of Jharkhand, Project Building, P.O. – Jagannathpur, P.S.-Dhurwa, Dist.-Ranchi 2. Deputy Commissioner, Hazaribag, P.O., P.S. & Dist.-Hazaribag 3. Land Reforms Deputy Collector, Hazaribag, P.O., P.S. & Dist.- Hazaribag 4. Land Acquisition Officer, P.O., P.S. & Dist.-Hazaribag 5. Circle Officer, Barkagawan, P.O., P.S. & Dist.-Hazaribag … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioners : Mr. Sandeep Verma, Advocate For the Respondent : Mr. Suresh Kumar, SC(L&C)-II ----- Oral Order 08 / Dated : 24.06.2025 1. The instant writ petition has been filed under Article 226 of the Constitution of India for compensation to the petitioners for the road construction over portion of land of Plot No. 213 under Khata No. 49, situated at Village Chandaul, PS Barkagawan, District Hazaribag. 2. The main grievance of the petitioners is that a public road has been constructed on his raiyati land, without initiating any acquisition proceeding or payment of compensation. 3. It is contended by learned counsel for the petitioners that, it is not disputed that Plot No. 213 is the raiyati land of the petitioners and it is also not disputed that a road has been constructed on the part of the said plot. In this view of the matter, it was incumbent on the part of the respondents-State to have initiated an acquisition proceeding before construction was made. 4. A counter affidavit has been filed on behalf of the State-respondents in which it has been admitted in para-9 that 2/3rd width of road has been constructed over Plot No. 213, whereas 1/3rd road is over Plot No. 212. 2025:JHHC:16755 2 5. It is argued by learned counsel for the State that there was existence of an old road in 2008-09. Grade-I road was constructed over the said portion of land under Manrega scheme of Barkagaon Block office which has been mettled and Pucca road has been constructed and at the time of construction, no objection was raised by any of the persons. 6. Having considered the submissions advanced on behalf of both the parties, from the counter affidavit, it is evident that there is admission regarding the construction of road on the part of land for which no land acquisition proceeding has been initiated. 7. Under the circumstance, the Deputy Commissioner, Hazaribag (respondent no. 2) is directed to initiate a land acquisition proceeding with respect to portion of Plot No. 213 over which a public road has been constructed, and the said proceeding will be concluded expeditiously by respondent no. 4 (Land Acquisition Officer, Hazaribag) as per the provisions contained in the light of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. With the aforesaid direction, this writ petition stands disposed of. Pending I.A, if any, also stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra