2025:JHHC:11788 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 4617 of 2022 Brij Narayan Singh, S/o Late Dharamjeet Narayan Singh, R/o Village Mohsinnagar @ Mohammadganj, P.O. & P.S. Mohammadganj, District- Palamau. .... .. ... Petitioner(s) Versus 1.State of Jharkhand. 2.The Deputy Commissioner, Palamau. 3.The Special Land Acquisition Officer, North Koyal Project, Medininagar, Palamau. 4.The Chief Engineer, Water Resources Department, Medininagar, Palamau. 5.The Executive Engineer, Design Division No.II, Water Resources Department, Medininagar, Palamau. 6.The Circle Officer, Mohammadganj, District- Palamau. 7.Shyam Narayan Singh, S/o Late Matuk Narayan Singh, 8.Pradeep Kumar Singh 9.Manoj Singh [8 & 9, both Sons of Late Vashishth Narayan Singh] 10.Bindu Devi, W/o Late Anil Kumar Singh 11.Rajesh Kumar Singh 12.Rupesh Kumar Singh 13.Mukesh Singh 11 to 13, Sons of Late Anil Kumar Singh 14.Dambanti Kumari, W/o Late Vikramjit Singh 15.Arti Devi, W/o Late Rajendra Singh 16.Rajiv Ranjan Singh @ Pawan Singh 17.Niraj Kumar Singh [16 & 17 are sons of Late Rajendra Singh] 18.Janardan Singh, S/o Late Shiv Narayan Singh @ Shiv Prasad Singh 19.Krishna Devi, W/o Sateyendra Singh 20.Sanju Devi, W/o Late Ashok Singh 21.Vishwanath Singh 22.Sumeshwar Singh 21 & 22 both sons of Late Mahadeo Singh 23.Indrawati Devi, W/o Late Ram Vinay Singh 24.Anju Devi, W/o Late Krishna Kumar Singh 25.Vikas Kumar Singh, S/o Late Ram Vinay Singh 26.Prabal Pratap Singh, S/o Late Ayodhya Singh 27.Ram Jee Singh, S/o Late Ayodhya Singh 28.Ravi Shankar Singh @ Bittu 29.Ravi Ranjan Singh @ Ankit Singh [28 & 29 are sons of Late Ramakant Singh] 30.Sanjay Singh 31.Shashi Singh 30 & 31 are sons of Late Kunwar Ranjit Singh 32.Yugeshwar Singh, 33.Umesh Singh 34.Suresh Singh [32 to 34 are sons of Late Nand Kishore Singh] 35.Rajni Kumar Singh 36.Rakesh Kumar Singh [35 and 36 are sons of Late Jyoti Nath Singh] 2025:JHHC:11788 2 Respondent Nos.7 to 36 are R/o Village +PO & PS- Mohammadganj, District Palamau . .. ... ...Respondent(s) ........... CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner (s) : Mr. Sudhir Kumar Sharma, Advocate Mr. Alok Kumar Singh, Advocate For the State : Mr. Ankit Kumar, AC to SC.I …... 06/ 21.04.2025. Heard, learned counsel for the parties. 1. The instant Writ Petition has been filed under Article 226 of the Constitution of India for a direction for initiating appropriate proceeding for recovery of compensation amount for land appertaining to Old Khata No.114/ New Khata No.276, Old Plot No.32/ New Plot No.94 measuring area of 1.08 acres acquired for Construction of Security Embankment, North Koyal Project, Medininagar, Palamau, which has been illegally paid to the Respondent Nos.7 to 25 despite written objection of the petitioner made on 17.01.2019 before the Special Land Acquisition Officer, Medninagar (Daltonganj), Palamau. 2. A further prayer has been made directing upon the respondents not to issue ownership certificate or make payment of compensation amount of Rs.9,93,745/- with respect to the said plot. 3. It is contended that the plot, in question was recorded in survey Records of Right as “Sammilat Malikan”. Mukund Singh, S/o Raksheya Singh, Janki Singh & Dal Sagar Singh, both sons of Rajbashri Singh were proprietors who by virtue of Registered Batwaranama 1377/ 1948, 1378/ 1948 & 1379/ 1948 partitioned their lands including Khata No.114, Plot No.32 in which Mukund Narayan Singh was allotted lands vide Takhta No.1 whereas Baikunth Narayan Singh, Matuk Narayan Singh, Bikramajeet Singh & Mahadeo Singh, all sons of Late Dilsagar Singh were allotted Takhta No.2. Kundal Narayan Singh and Nand Kishore Singh, Sons of Late Janki Singh were allotted Takhta No.3. 4. Further, Mukund Narayan Singh, S/o Ramrakshaya Singh was allotted 1.55 decimals/ acres towards north, Baikunth Narayan Singh and others (Takhta No.2) were allotted 1.54 acres in the middle and in Takhta No.3, Kundal Narayan Singh and others were allotted 1.55 acres towards South. 5. The Government of Jharkhand issued preliminary Notification under Section 11(1) of Right to Fair Price, Compensation and Transparency 2025:JHHC:11788 3 Act, 2013 (in short be referred as Act of 2013) as contained in Letter No.365 of Special Land Acquisition Officer, Medininagar dated 02.11.2017 showing the names of the Raiyats, as the person interested in which the name of the petitioner also figured. 6. Petitioner also received notice under Section 21(2), 21(4) of the said Act, 2013 with respect to the land measuring an area of 0.74 acres under the same Khata and Plot. 7. The compensation was not paid to the petitioner and a fresh notice was issued under Section 11(1) of the said Act, 2013 in which the name of the petitioner was excluded and acquisition was confined to Khata No.275 and 276, New Plot No.166 & 94. 8. It is submitted that out of 1.32 acres notified for acquisition of land, petitioner does have share of 0.50 acres which has been wrongly stated at Page No.25 of the Writ Petition as 50 acres. 9. Learned AC to SC.I for the State has contested the Writ Petition. It is argued that so far no payment has been released to any one and the case is pending for adjudication vide L.A. Case No.16/ 2017-18. 10. It is further argued on behalf of the petitioner that petitioner had moved before the Special Land Acquisition Officer raising objection regarding the apportionment of share on 17.01.2019. This objection was however not considered. 11. Petitioner has raised claim for apportionment of the proposed land to be acquired on which he is claiming right, title and possession. This Writ Court cannot decide the issue of disputed questions of title and possession. 12. Petitioner has an efficacious and alternative remedy under Section 76 of the Compensation Act, 2013, and since the objection had also been raised by the petitioner before the Collector through the petition, it was incumbent on his part to refer the same to the Land Acquisition Authority. 13. Under the circumstance, Respondent No.3-The Special Land Acquisition Officer, North Koyal Project, Medininagar, Palamau is directed to pass an appropriate order on the objection dated 17.01.2019 within a period of three months from today. Accordingly, this Writ Petition stands disposed of. 2025:JHHC:11788 4 14. Let the copy of this order be sent to Respondent No.3-The Special Land Acquisition Officer, North Koyal Project, Medininagar, Palamau and the petitioner is also directed to appear before Respondent No.3 on 02.05.2025. 15. It is made clear that if petitioner does not appear before the Respondent No.3 on the said day, Respondent No.3 will be at liberty to proceed as per law. (Gautam Kumar Choudhary, J.) Sandeep/-