1 W.P.(C) No. 6758 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6758 of 2024 --- Md. Rustam Ansari son of Juman Ansari, resident of village- Saharaj, P.O.- Jhiluwa, P.S.- Govindpur, District- Dhanbad … … Petitioner Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Dhanbad 3. The District Land Acquisition Officer, Dhanbad 4. The Circle Officer, Purbi Tundi, P.O. & P.S.- Tundi, District- Dhanbad 5. The National Highways Authority of India through its Chairman, New Delhi 6. The Project Director, National Highways Authority of India, PIV Durgapur, NHAI Complex, Bidhan Nagar, P.O. & P.S.- Bidhan Nagar, District- Burdwan (West Bengal) …. … Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Sanjay Prasad, Advocate For the Resp. Nos. 1 to 4 : Mrs. Shalini Shahdeo, A.C. to S.C.(L&C)-I For the Resp. Nos. 5 & 6 : Mrs. Sweety Topno, Advocate Mr. Amrit Raj Kisku, Advocate Order No. 03 Dated: 13.02.2025 The present writ petition has been filed for issuance of direction upon the District Land Acquisition Officer, Dhanbad (the respondent no. 3) to make payment of compensation to the petitioner in lieu of acquisition of land appertaining to Khata No. 34, plot no. 1485, Mouza- Balardih, Mouza No.- 284, District- Dhanbad measuring an area of 0.0070 acre vide Land Acquisition Case No. 05 of 2022-23 for the purpose of widening of NH-419 (Govindpur- Pokharia). 2. Learned counsel for the petitioner submits that the petitioner has raiyati right over the said land which has been acquired by the respondent authorities vide Land Acquisition Case No. 05 of 2022-23 for widening of NH-419 (Govindpur-Pokharia). A notice under Section 3E of the National Highways Act, 1956 (in short, “the Act, 1956”) has been issued by the respondent no. 3 to the petitioner and others on 16.08.2024 (Annexure-2 to the writ 2 W.P.(C) No. 6758 of 2024 petition) asking them to handover the possession of the respective lands to the competent authority. Since the petitioner has not received any compensation in lieu of acquisition of the said land, he has represented the respondent no. 3 in that regard, however the same has not been responded which has compelled the petitioner to prefer the present writ petition. 3. Mrs. Shalini Shahdeo, learned A.C. to S.C. (L&C)-I appearing on behalf of the respondent nos. 1 to 4, submits that the aforesaid claim of the petitioner is required to be examined by the competent authority i.e., the respondent no. 3. Hence, if the petitioner prefers a fresh representation on the present issue before the respondent no. 3, an appropriate decision will be taken by the said respondent within a time frame. 4. Having heard learned counsel for the parties and considering the nature of prayer made by the petitioner in the present writ petition, without entering into the merit of the case, the petitioner is given liberty to prefer a fresh representation on the present issue before the respondent no. 3. On receipt of the said representation, the respondent no. 3, after examining the relevant records and on providing an opportunity of hearing to the petitioner/his representative as well as other concerned person(s), if so required, shall take an appropriate informed decision in accordance with law within six (06) weeks from the date of filing of the said representation. 5. The writ petition is accordingly disposed of with the aforesaid liberty and direction. Ritesh/ (Rajesh Shankar, J.)