1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(C) No. 7515 of 2023 --- 1. Sanjay Kumar Srivastava S/o Anil Kumar Srivastava, Aged about 53 years, resident of Village-Ramkuttir Boddam Bazar, P.O.-Hazaribag, P.S. Sadar, Dist-Hazaribag, Jharkhand. 2. Manoj Kumar Srivastava S/o Anil Kumar Srivastava, Aged about 57 years, resident of Village-240, Tulsi babu lane, Ramkuttir Boddam Bazar, P.O- Hazaribag P.S- Sadar, Dist-Hazaribag, Jharkhand. 3. Santosh Kumar Srivastava S/o Anil Kumar Srivastava Aged about 50 years, resident of 100, Bara akhara, Boddam Bazar, P.O- Hazaribag, P.S.- Sadar, Dist.- Hazaribag, Jharkhand 4. Baso Miya S/o Gafur Miya, Aged about 79 years resident of village- Katkamsandi, P.O.-Danto khurd, P.S.- Danto Khurd. District- Hazaribag ............Petitioners Versus 1. The State of Jharkhand. 2. The Secretary, Revenue, Registration and Land Reforms, Government of Jharkhand, Project Bhawan, P.O. & P.S.- Dhurwa, District- Ranchi. 3. The Principal Secretary, Rural Works Department, Government of Jharkhand, Project Bhawan, P.O & P.S.- Dhurwa, District Ranchi. 4. The Executive Engineer, Rural Works Department, Special Division, Hazaribag, P.O.+P.S. & District- Hazaribag, Jharkhand. 5. The Deputy Commissioner, Hazaribag, P.O., P.S & District- Hazaribag, Jharkhand. 6. The District Land Acquisition Officer, Hazaribag, P.O., P.S. & District-Hazaribag, Jharkhand 7. The Circle Officer, Katkamsandi, P.O. & P.S.- Katkamsandi, District-Hazaribag, Jharkhand ..........Respondents. CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioners : M/s. Bhawesh Kumar, Ravi Kumar, Akata Anand, S.N.Tiwari, Advocates For the Resp.-State : Mr. Sushant Kumar, A.C to S.C.-II -- 07/07.02.2025 Heard learned counsel for the parties. 2. The grievance of the petitioners is that though road has been constructed over the raiyati land of the petitioners, but no compensation has been made. 2 3. Learned counsel for the petitioners submits that though the petitioners have represented several times before the Deputy Commissioner to decide the issue because from perusal of Annexure-A Series specifically page-15 which is the report of Revenue Deputy Inspector to the effect that the land of these petitioners have been acquired for the road which has already been constructed. He further draws attention of this Court towards Annexure-2 to the writ petition, wherein the concerned officer (Executive Magistrate) has categorically held that the property in question, is a raiyati property belonging to these petitioners and the road has already been constructed. 4. Learned counsel for the respondents fairly submits that there is some misunderstanding and accordingly the Deputy Commissioner may be directed to re-look into the matter and decide the issue of compensation because the road has already been constructed. 5. Having regard to the aforesaid submissions and looking to page-15 of the counter affidavit and also Annexure-2 of the writ petition which is the order passed by Executive Magistrate in case no. 16/03 and T.R. No. 167/06, interest of justice would be sufficed by remitting the case back to the 5th respondent in view of the fact that the road has already been constructed. Accordingly, the instant writ petition is hereby disposed of by directing the 5th respondent to look into the matter and verify the records of the case and also physical verification of the property in question in front of the petitioners through a competent officer, pass a reasoned order. At this stage, it is pertinent to mention here that though from the available record, it appears that the road 3 has been constructed on raiyati land of these petitioners, but since the road is of public interest; accordingly, if the claim of these petitioners is found to be genuine, instead of restoring the land to these petitioners, the Deputy Commissioner is directed to acquire the said land used in construction of road, as per the applicable Act and pay the compensation. The entire exercise shall be completed in sixteen weeks. 6. With the aforesaid observations/directions, the instant writ petition stands disposed of. Pending I.A., if any, is also closed. (Deepak Roshan, J.) jk