Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(C) No. 6124 of 2023
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1. Dev Kumar Pandey, aged about 42 Years, S/o-Basanti Pada Pandey, resident of Gutuwa, P.Ο.-Gutuwa, P.S- Nagri, District.- Ranchi, Jharkhand.
2. Ajit Prasad, aged about 50 Years, S/o- Shukdeo Prasad, resident of Indrapui Road No.3, P. O. Hehal, P.S-Ratu, District.- Ranchi, Jharkhand.
3. Madhuri Devi, aged about 63 Years, W/o- Saryoo Prasad, resident of E/4-787, Vikash Nagar, Ratu Road, S.B.1. Colony, P.O.-Hehal, P.S.- Ratu, District.-Ranchi, Jharkhand.
4. Asim Kumar Sinha, Aged about 57 years, S/o-Gokula Nand Lala, Resident of Indra Nagar, İtki Road, Bariyatu, P.O- Hehal, P.S.- Ratu, District- Ranchi, Jharkhand.
5. Vijay Kumar Gupta, Aged about 59 years, S/o- Late R. Dayal, Resident of B-26 Dayal Bhawan, Old A.G. Colony, Kadru, P.O-Doranda, P.S.- Argora, District- Ranchi, Jharkhand.
6. Lal Chandra Chura Mani Nath Shahdeo, Aged about 68 years, S/o- Late Lal Sadanath Sahdeo, Resident of Vill- Lalgutuwa, P.O.-Lalgutuwa, P.S. Nagri, District Ranchi, Jharkhand.
7. Lal Prem Prakash Nath Shahdeo, Aged about 62 years, S/o- Late Lal Sadanath Sahdeo, Resident of Vill- Lalgutuwa, P.O. Lalgutuwa, P.S. Nagri, District Ranchi, Jharkhand.
8. Ghanshyam Pandey, Aged about 53 years, S/o- Jagdish Pandey, Resident of Itki Road, L.N. Mishra Colony, P.O. Hehal, P.S.- Ratu, District- Ranchi, Jharkhand.
9. Anil Kumar Pandey, Aged about 67 years, S/o- Sureshwar Pandey, Resident of H.B. Road, R.J.S.I.O.R, Hospital, Plaza Chowk, GPO, Ranchi, P.O. Lalpur P.S. Lalpur, District Ranchi, Jharkhand.
...Petitioners.
Versus 1 The State of Jharkhand.
2. The Principal Secretary, Department of Revenue Registration & Land Reforms, Government of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, District- Ranchi.
3. The Secretary, Road Construction Department, Government of Jharkhand, Project Bhawan, P.O. & P.S.- Dhurwa, District- Ranchi.
4. The Deputy Commissioner, Ranchi, P.O., P.S.& District- Ranchi.
5. The District Land Acquisition Officer, Ranchi, P.O., P.S.& District- Ranchi, Jharkhand.
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6. The Circle Officer, Nagri, P.O. & P.S. Nagri, District- Ranchi, Jharkhand.
7. The Executive Engineer, Road Construction Department, Road Division Ranchi, P.O., P.S.& District-Ranchi, Jharkhand.
....Respondents
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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
-- For the Petitioners : M/s. Bhawesh Kumar, Ravi Kumar, S.N. Tiwari, Akata Anand, Advs. For the Resp.-State : Mr. Anil Kumar Singh, A.C to G.P.-I
-- 09/21.03.2025
The instant writ application has been preferred by the petitioners praying therein to quash the notices dated 23.08.2023 (Annexure-5 Series) under Section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 signed by the 5th respondent.
2.
Learned counsel for the petitioners initially raised an objection by assailing the impugned notices to the effect that the notice has been issued in the name of dead person and they were not noticed. As a matter of fact, in the order dated 22.02.2024, the grievance of the petitioners has been incorporated in the order. For brevity, the order dated 22.02.2024 is extracted hereinbelow:
“ The grievance of the petitioners is that the notices of acquisition of land have been issued against the dead person and no individual notice has been issued. He refers to one of such notice at Annexure-5 series. As per him, the first notice is in the name of dead person i.e., Natwar Lal Meer and there is notice also in respect of others, but who are the others have not been mentioned and detail has not been given in the said notice. The same is the situation in other notices where "others" has been mentioned, but no detail has been mentioned.
Considering the aforesaid submission,
respondents are directed to file counter affidavit
within six weeks.
Put up this case after six weeks.”
3.
Thereafter, a supplementary counter affidavit has been filed by the 5th respondent annexing therein the notices which has been issued in favour of the petitioners which is admittedly dated 07.03.2025. Thus, it is now
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admitted that initially the notices which has been impugned has been issued against the dead person.
4.
Accordingly, the instant writ application is allowed and the impugned notices are hereby quashed and set aside. The respondent-State shall proceed with the matter of acquisition strictly, in accordance with law.
(Deepak Roshan, J.)
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