IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6634 of 2024 ----- 1. Balak Mandal, S/o Bikal Mahdal. 2. Hari Prasad Mandal, S/o Ghanshyam Mandal. 3. Rahul Mandal, S/o Rishi Mandal. All residents of village Gunghasa, P.S. Hariharpur (Gomoh), District Dhanbad. .......... Petitioners. -Versus- 1. The State of Jharkhand 2. The Deputy Commissioner, Dhanbad. 3. The District Land Acquisition Officer, Dhanbad. 4. Circle Officer, Topchanchi, District Dhanbad. 5. Ranjit Mandal, S/o Late Yugal Mandal. 6. Dinbandhu Mandal, S/o Late Yugal Mandal 7. Baijnath Mandal, S/o Late Rasu Mandal. 8. Dilip Mandal, S/o Late Rasu Mandal. 9. Ramnath Mandal, S/o Late Chandra Mohan Mandal. 10. Sailesh Mandal, S/o Late Chandra Mohan Mandal. 11. Gaur Chandra Mandal, S/o Late Churu Mandal. 12. Nand Lal Mandal, S/o Late Kunju Mandal. 13. Kisto Mandal, S/o Late Kunju Mandal. 14. Ramdev Mandal, S/o Late Kunju Mandal. 15. Ramswarup Mandal, S/o Late Bhushan Mandal. 16. Manoj Mandal, S/o Late Ram Shankar Mandal. 17. Sanjay Mandal, S/o Late Ram Shankar Mandal. 18. Sapan Mandal, S/o Late Ram Shankar Mandal. 19. Gautam Mandal, S/o Late Ram Shankar Mandal. 20. Rajkumar Mandal, S/o Late Ramchandra Mandal. 21. Manindra Mandal, S/o Late Subodh Mandal. 22. Kala Chandra Mandal, S/o Late Subodh Mandal. All residents of village Gunghasa, P.S. Hariharpur (Gomoh), District Dhanbad. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Sanjay Prasad, Advocate For the State : Mr. Shray Mishra, A.C. to A.G. ----- Order No.02 Date: 05.02.2025 1. The present writ petition has been filed for quashing the notice as contained in memo no.1328 dated 12th September, 2024 (Annexure-5 to the writ petition) issued by the respondent no.3 to the petitioners as well as the private respondents for adjudication of dispute with respect to apportionment of share of compensation in lieu of acquisition of their respective land. Further prayer has been made for issuance of direction upon the State respondents, restraining them from making payment of compensation with respect to Land Acquisition Case Nos.478 & 479 of 2024, arising out of Land Acquisition Case No.05 of 2019-20. 2. Learned counsel for the petitioners submits that the District Land Acquisition Officer, Dhanbad- respondent no.3 has no jurisdiction to issue the impugned notice as contained in memo no.1328 dated 12th September, 2024, as the dispute with respect to payment of compensation in lieu of acquisition of land of respective raiyats has already been referred by the said respondent to the Land Acquisition, Rehabilitation & Resettlement Authority, Hazaribagh under Section 76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 vide order dated 15th February, 2024 passed in Land Acquisition Case No.05 of 2019-20 itself. 3. As against this, learned counsel for the State respondents submits that the impugned notice dated 12th September, 2024 has been issued by the respondent no.3, primarily due to the reason that even after acquisition of the land in question, the petitioners as well as the private respondents were creating hurdle in execution of Gomoh Flyover Project for down train. 4. Considering the facts and circumstances of the case, this Court is of the view that once the matter was referred to the Land Acquisition, Rehabilitation & Resettlement Authority under Section -2- W.P.(C) No.6634 of 2024 76 of the said Act, 2013, the respondent no.3 had no jurisdiction to call upon the petitioners as well as the private respondents, directing them to produce documents relating to the land in question. If at all, the petitioners as well as the private respondents were creating hurdle in execution of the said project, it was a matter of law and order, which was required to be dealt with by the district administration in accordance with law. 5. Accordingly, the impugned notice dated 12th September, 2024 issued by the respondent no.3 is hereby quashed and set aside. The respondents are, however, at liberty to take appropriate action as provided under law against the petitioners as well as the private respondents to deal with the law and order situation, if so created at their instance. 6. The writ petition is disposed of. (Rajesh Shankar, J.) Sanjay/ -3- W.P.(C) No.6634 of 2024