DEWENDRA BUKS RAY ALIAS DEVENDRA BUXRAY v. THE STATE OF JHARKHAND THROUGH THE DEPUTY COMMISSIONER LATEHAR
WPC/3518/2024 · 2025-01-07
Rajesh Shankar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 17517 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17517 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 3518 of 2024
1. Dewendra Buks Ray @ Devendra Buxray
2. Jitendra Baxray
….. Petitioners
Versus
1. The State of Jharkhand, through the Deputy Commissioner, Latehar
2. The District Land Acquisition Officer, Giridih
3. The Cricle Officer, Bagodhar, Giridih
….. Respondents
-----
CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioners: Ms. Shivani Jaluka For the Respondents: Mr. Shray Mishra, A.C to A.G
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05/07.01.2025 The present writ petition has been filed for issuance of direction upon the concerned respondents to release the compensation for the land appertaining to Khata No. 01, Plot Nos. 1109, 1111, 1113 & 1114, Mouza-Sonturpi, P.S- Bagodhar, District-Giridih which has been acquired by the State Government for construction of canal under Konar Canal Irrigation Project. 2. Learned counsel for the petitioners submits that the petitioners have lawful right and title over the land in question as the same came in the share of their mother in terms with the final decree dated 11.09.2000 prepared under the seal and signature of the Sub-Judge-I, Daltonganj, Palamau. It is further submitted that on verification of the said land, the petitioners found that the same had been acquired by the State Government for the purpose of Konar Canal Irrigation Project without paying any compensation to the predecessors- in-interest of the petitioners. Under the said circumstance, the petitioners represented the respondent authorities, however, the same were not responded, which compelled them to prefer the present writ petition. 3. Mr. Shray Mishra, learned A.C to A.G appearing on behalf of the respondents, submits that the petitioners have not stated as to during what period the land in question was acquired by the State Government for the said project. However, if the petitioners prefer a fresh representation before the
respondent No.2 in this regard, an appropriate decision in accordance with law will be taken within a time frame. 4. Having heard learned counsel for the parties and keeping in view the nature of the prayer made in the present writ petition, without entering into the merit of the case, the petitioners are given liberty to prefer a fresh representation on the present issue before the respondent No.2.
On receipt of the said representation, the respondent No.2, after verifying the relevant records and conducting an enquiry, if so required, shall take an appropriate informed decision in accordance with law within three months from the date of filing of the said representation. 5. The present writ petition is accordingly disposed of with the aforesaid liberty and direction. Satish/-
(RAJESH SHANKAR, J)