1 C.M.P. No. 412 of 2020 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- C.M.P. No. 412 of 2020 ---- Central Coalfields Limited a Company incorporated under the Companies Act having its registered Office at Darbhanga House PO and PS Kotwali, District Ranchi, Jharkhand through its General Manager (L&R) Sri Vimal Kant Shukla, aged about 53 years, son of late Parma Nand Shukla, resident of Guest House Darbhanga House, Ranchi, PO Ranchi University, PS Kotwali, District Ranchi, Jharkhand …… …. … Petitioner(s) -- Versus -- 1.Most. Rijhani Devi, wife of late Suresh Mahto 2.Sheela Devi, D/o late Suresh Mahto 3.Neelam Devi, D/o late Suresh Mahto All residents of Village Kuju, PO and PS Mandu, District Hazaribagh now Ramgarh, Jharkhand 4.Deputy Commissioner Hazaribagh PO and PS and Dist. Hazaribah 5.Registrar General, High Court of Jharkhand, Dhurwa, Ranchi. …… …. …Opposite Parties ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner(s) : Mr. A.K.Das, Advocate For O.P.Nos.1,2and 3 : Mr. Swami Dayanand, Advocate For the O.P.No.4. :- Mr. Yogesh Modi, Advocate For the Opposite Party No.5: Mr. Atanu Banerjee, Advocate ---- 6/21.03.2025 Heard the learned counsel for the petitioner the learned counsel for the O.P.Nos.1,2 and 3, learned counsel for the O.P.No.4 as well as the learned 2 C.M.P. No. 412 of 2020 counsel for the O.P.No.5. 2. This CMP has been filed for direction upon the Registry of this Court to refund the excess amount deposited before the Registry of this Court pursuant to the order /judgment dated 24.10.2019 passed by this Court in F.A. No.145 of 2008 against the judgment dated 22.4.2008 and Award dated 07.05.2008 passed by learned Sub Judge II cum Land Acquisition, Hazaribagh in L.R. Case No.97 of 1993, LA Case No.21/85-86 whereby he has been pleased to determine the rate of compensation @ Rs.4000/- per decimal besides Solatium interest with other benefits. He submits that in light of the direction of this Court, the entire amount has been deposited with the Registry of this Court to the tune of Rs.27,03,041.03 which is meant for two appeals, i.e., the instant F.A. No.145 of 2008 and another F.A.No.147 of 2008 and the amount meant for this appeal was Rs.13,93,755.51. He further submits that by the judgment dated 24.10.2019 this Court has modified the rate of compensation to Rs.3000/- per decimal and on the basis of judgment, a decree was also prepared and as per the decree, the claimants are entitled only Rs.13,52,487.50 as on 24.10.2019 against which an amount of Rs.13,93,755.51 has already been deposited and the excess amount which the petitioner had deposited is liable to be refunded to the petitioner along with the accrued interest thereupon as the amount deposited by the petitioner was kept in Fixed Deposit in a National Bank as per the direction of the Court. He submits that the refunded amount is calculated to the tune of Rs.41,268/-. He submits that in view of that appropriate direction may kindly be issued. 3. Learned counsel for the O.P.Nos.1,2 and 3 submits that the award has been satisfied and the amount has been received in light of the modified decree passed by this Court. 4. Mr. Atanu Banerjee, the learned counsel for the High Court submits that reply affidavit has already been filed wherein it is admitted that the said amount 3 C.M.P. No. 412 of 2020 is lying with the Registry which is disclosed in paragraph no.11 that Rs.41,268/- is surplus deposit in the Registry of this Court and in view of that the rate of compensation has been fixed by this Court by the final judgment dated 24.10.2019 passed in F.A. No.145 of 2008 that can be returned back to the petitioner. 5. In view of above, it is admitted position that the original award is modified by this court and the award has already been satisfied in terms of the modified award in favour of the claimants and the excess amount is lying with the Registry of this Court to the tune of Rs.41,268/-. 6. In view of above, this petition is allowed and the Registry shall refund the said amount to the petitioner on proper verification and the Registry may issue the cheque in the name of the Central Coalfields Limited which may be received by the learned counsel for the C.C.L and that will be sent by him to the C.C.L. authorities. 7. C.M.P. No.412 of 2020 is disposed of accordingly. ( Sanjay Kumar Dwivedi, J.) SI/