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High Court of Jharkhand · body

2025 DAILYLAW 29627 (JHR)

SUKHRAM KACHHAP v. THE STATE OF JHARKHAND THROUGH ITS SECRETARY, LAND AND REVENUE, STATE OF JHARKHAND

WPC/6725/2024 · 2025-02-11

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6725 of 2024 ----- Sukhram Kachhap aged about 79 years s/o Late Mathu Kachhap, resident of village Bermad, P.O. Hatia, P.S. Hatia, District-Ranchi. .......... Petitioner. -Versus- 1. The State of Jharkhand through its Secretary, Land and Revenue, State of Jharkhand having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District-Ranchi. 2. Deputy Commissioner, Ranchi having its office at Collectorate Building Ranchi, P.O. & P.S. Ranchi, District- Ranchi. 3. District Land Acquisition Officer, Ranchi having its office at Collectorate Building, Ranchi, P.O. & P.S. Ranchi, District- Ranchi. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Anil Kumar Ganjhu, Advocate For the Respondents: Mrs. Shalini Shahdeo, A.C. to S.C.(L&C)-I ----- Order No.03 Date: 11.02.2025 1. The present writ petition has been filed for issuance of direction upon the respondent no.3–the District Land Acquisition Officer, Ranchi to pay compensation of Rs.12,71,564/- along with statutory interest to the petitioner against acquisition of his land appertaining to Khata No.3, Plot No.471 situated at Mouza-Bermad, District-Ranchi measuring an area of 0.018 acre (hereinafter to be referred as the ‘said land’). for widening of Khunti-Torpa Main Road (Amreshwar Dham to Tupudana Chowk). 2. Learned counsel for the petitioner submits that the petitioner had purchased 48 decimals of the aforesaid land from one Sukra Oraon s/o Late Etwa Oraon through registered sale deed no.5851 dated 12th December, 1984. Thereafter, the said land was mutated in the name of the petitioner and he 2 W.P.(C) No.6725 of 2024 regularly paid rent to the Government and the rent-receipts were also issued in his favour. Subsequently, 18 decimals of the said land was acquired for widening of Khunti-Torpa Main Road (Amreshwar Dham to Tupudana Chowk), however, the award was erroneously prepared in the name of Sukra Oraon and Others in connection with the Land Acquisition Case No.73 of 2018-19. It is further submitted that since Sukra Oraon had already sold the said land to the petitioner in the year 1984 itself, the petitioner requested the respondent no.3 to correct/amend the award prepared in his name, however, no action was taken by the said respondent in this regard which compelled him to prefer the present writ petition. 3. Mrs. Shalini Shahdeo, learned A.C. to S.C. (L&C)-I appearing on behalf of the respondents submits that aforesaid claim of the petitioner is required to be factually examined by the respondent no.3. Hence, if he prefers a fresh application before the respondent no.3, an appropriate decision/step will be taken by the said respondent within a time frame. 4. Having heard the learned counsel for the parties and considering the nature of the 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 application on the present issue before the respondent no.3. On receipt of the said application, the respondent no.3 after examining the relevant records and on providing 3 W.P.(C) No.6725 of 2024 an opportunity of hearing to the petitioner and other concerned person(s), shall take appropriate decision/step within a period of eight weeks from the date of filing of the said application. 5. The writ petition is disposed of with aforesaid liberty and direction. (Rajesh Shankar, J.) Rohit/