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2025 DAILYLAW 17092 (JHR)

VISHWANATH SINGH v. STATE OF JHARKHAND THROUGH DEPUTY COMMISSIONER

WPC/2513/2021 · 2025-08-11

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:23151 1 W.P.(C) No. 2513 of 2021 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2513 of 2021 Vishwanath Singh Aged About 48 years S/o Radhe Singh R/o Village- Shyamsingh, Nawadih, Jamua, PO+PS- Jamua, District- Giridih ….........Petitioner(s) Vrs. 1. State of Jharkhand through Deputy Commissioner, PO+PS+District- Giridih 2. District Land Acquisition Officer, Land Acquisition Wing, PO+PS+District- Giridih 3. Circle Officer, Khorimahua, PO+PS- Khorimahua, District-Giridih 4. State Highway Authority of Jharkhand, through its secretary, Deen Dayal Nagar, Booty Rd, Morabadi, PO+PS- Bariyatu, Ranchi, Jharkhand .......... Respondent(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Anup Kr. Agarwal, Advocate For the Respondents : Mr. Manish Mishra, G.P.-V 11/11.08.2025 The writ petition has been filed for the following relief(s): a. For a writ in the nature of certiorari quashing the order dated 14.06.2021 [Annexure-5] passed by respondent no. 1 in most mechanical and arbitrary manner whereby the right of the petitioner has been violated. b. For a writ in the nature of mandamus directing the respondents to make an inquiry and take appropriate action against the officer responsible for encroaching/trespassing the land of the petitioner without any lawful authority. c. For a writ in the nature of certiorari quashing the notification [Annexure-6] published under section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and further to quash the entire land acquisition proceeding. d. For a writ in the nature of mandamus directing the respondent to restore the land of the petitioner in its original shape and 2025:JHHC:23151 2 W.P.(C) No. 2513 of 2021 nature and return the same to the petitioner. e. In alternate for a writ in the nature of mandamus directing the respondent to compensate the petitioner with a tune of rupees 50 lakh rupees for taking his landed property and for cutting tree from the same land for which land acquisition process has been started belatedly which has still not been completed, compensation so awarded would be in addition to what the petitioner is eligible to receive under 2013 Act. 2. The description of the land is as under: Mauza Shayamdih, Nawadih Khata No. 12, Plot No.1227 of 0.4000 Acre; Plot No. 1228 of 0.4100 Acre; Plot No. 1229 of 0.3100 Acre; Plot No. 1231 of 0.3600 Acre; 1232 of 0.0300 Acre and Plot No.1233 of 0.0200 Acre. 3. The supplementary counter affidavit has been filed by the respondents. The relevant para 12 of the said counter affidavit reads as under: Para 12 : That it is humbly stated and submitted that the land in question is recorded in the name ofTilak Dhari Singh and the notices for receiving the compensation for the concerned plots were sent, however no one turned up to receive the compensation. However, inn future if the legal heirs of the Khatiyani Raiyat appear before the respondent authority with proper documents, the amount of compensation will be disbursed to him / them. 4. In para 12 of the supplementary counter affidavit the respondents have accepted that the award has been prepared. 5. However, it has been complained by the learned counsel for the petitioner that the award has been prepared in the name of dead person. 6. If the rayati land of the petitioner has been acquired then it is the duty of the respondents to release the amount in favour of the awardee or his legal heirs. 7. Accordingly, the respondents are directed to release the amount 2025:JHHC:23151 3 W.P.(C) No. 2513 of 2021 in favour of the awardee / legal heirs, as the case may be, within a period of 6 weeks from the date of receipt of copy of this order. 8. With the above observation and direction, the writ petition is disposed of. (Rajesh Kumar, J.) A.Mohanty