2025:JHHC:21005 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3231 of 2025 ----- Shambhu Poddar, S/o Ambika Poddar, Village Jonka, P.O. Karma, P.S. Tiljhari, District Dumka. .......... Petitioner. -Versus- 1. The State of Jharkhand 2. The Deputy Commissioner, Dumka. 3. The District Land Acquisition Officer, Dumka. 4. The Circle Officer, Jarmundi, District Dumka. 5. The National Highways Authority of India, through its Chairman, having its office at National Highway Authority of India G5 & 6, Sector-10, P.O. & P.S. Dwarka, New Delhi- 110075. 6. The Project Director, National Highways Authority of India, PIV Durgapur, NHAI Complex, Sector 2A, Bidhan Nagar, Durgapur (West Bengal). 7. Munna Modi, S/o Bhotri Modi. 8. Dhaneshwar Modi, S/o Bhotri Modi. 9. Arjun Modi, S/o Bhuneshwar Modi, Nos.7 to 9 residents of village Joka, P.O. Karma, P.S. Taljhari, District Dumka. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Alok Kr. Dubey, Advocate For the State : Mr. Zaid Imam, AC to SC-VII For NHAI : Mrs. Sweety Topno, Advocate ----- Order No.02 Date: 30.07.2025 1. The present writ petition has been filed for issuance of direction upon the State respondents to recovery the amount of compensation from the respondent no.7 and to pay the same to the petitioner with respect to the land appertaining to Khata no.23, plot no.417, measuring an area of 0.088 acre, situated at Jarmundi Anchal, P.S. Tiljhari, District Dumka, which has been acquired for construction of four lane of NH-114A Basukinath to Deoghar. 2. According to the learned counsel for the petitioner, the amount of compensation for acquisition of the land in question has 2025:JHHC:21005 2 wrongly been paid to the respondent no.7. The petitioner having lawful right and title over the land in question deserves to be paid the said compensation amount. Therefore, the State respondents, particularly the respondent no.3 may be directed to recover the amount of compensation from the respondent no.7 and to pay the same to the petitioner. 3. Learned counsel appeal appearing on behalf of the State respondents as well as National Highways Authority of India jointly submit that since the petitioner has disputed the amount of compensation paid to the respondent no.7, he should approach the competent authority under the NHAI Act i.e. the respondent no.3, invoking the provision of Section 3H(4) of the National Highways Act, 1956 for referring the dispute to the Principal Civil Court of Original Jurisdiction. 4. Having heard learned counsel for the parties and considering that the petitioner has disputed the payment of compensation for acquisition of the land in question to the respondent no.7, he is given liberty to prefer an application before the respondent no.3 in this regard. On receipt of the said application, the respondent no.3 shall refer the said dispute to the Principal Civil Court of Original Jurisdiction, within whose jurisdiction the land is situated, within 30 days from the date of receipt of the said application. 5. The writ petition is disposed of with the aforesaid liberty and direction. (Rajesh Shankar, J.) Sanjay/