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2025 DAILYLAW 20142 (JHR)

ANITA DEVI v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

WPC/3871/2025 · 2025-08-04

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(2025:JHHC:21696) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3871 of 2025 .... Anita Devi, aged about 50 years, wife of Shri Gajendra Sahu, resident of Village- Chauli, P.O.-Khora, P.S.-Gumla, District-Gumla .… Petitioner Versus 1. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Project Bhawan, Dhurwa, P.O. & P.S.-Dhurwa, District-Ranchi 2. Deputy Commissioner, Gumla, P.O. & P.S.-Gumla, District-Gumla 3. Additional Collector, Gumla, P.O. & P.S.-Gumla, District-Gumla 4. District Land Acquisition Officer, Gumla, P.O. & P.S.-Gumla, District-Gumla 5. Project Director, National Highway Authority of India, Project Implementation Unit, Ashok Nagar, P.O.-Ashok Nagar, P.S.-Argora, District-Ranchi .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioners : Mr. A.K.Sahani, Adv. For the State : Mr. Amitesh Kumar Geasen, AC to AAG-IA For the NHAI : Mrs. Sweety Topno, Adv. : Mr. Amrit Raj Kisku, Adv. .... 03/04.08.2025 1. The present writ petition has been filed for following relief:- “For issuance of a writ in the nature of Certiorari or any other appropriate writ/ order for quashing the impugned letter issued under Memo No: 425 dated 04.07.2025 (Annexure-9 ) whereby and whereunder the respondent No: 4 fixed the amount of compensation in respect of the lands and building without providing other benefits like solatium, compensation in terms of Sections- 28 and 29 as well as the benefits of re-settlement and re-habilitation prescribed in first and second Schedule appended to 'The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013' (in short, "the Act, 2013″) @ 9 % per annum and directed the petitioner to hand over vacant possession of the building with land within a period of one week; AND for issuance of a writ in the nature of Mandamus or any other appropriate writ/ order commanding upon the respondents to consider the petition dated 04.07.2025 (Annexure-8) by granting all the aforesaid benefits to the petitioner before taking possession of the building as required under Section 38 of the Act, 2013 within a specified period; And / Or for issuance of any such Writ/Order/Direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and for doing conscionable justice to the Petitioner.” (2025:JHHC:21696) 2 W.P.(C) No.3871 of 2025 2. After some argument, learned counsel for the petitioner seeks permission to withdraw the present writ petition with a liberty to work out her remedy in accordance with law. 3. Permission is accorded. 4. Accordingly, the present writ petition stands disposed of with the aforesaid liberty. (Rajesh Kumar, J.) Shahid/ uploaded