Extracted from the PDF above. The PDF is authoritative.
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 7584 of 2023
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1. Ram Krishna Kumar S/o Roopchand Mahto, Aged about 62 years resident of Village- Nawadih, P.O.-Nawadih, P.S- Markacho, Dist- Koderma, Jharkhand;
2. Bijay Kumar Mahto S/o Roopchand Mahto, Aged about 63 years resident of Village- Nawadih, P.O.-Nawadih, P.S- Markacho, Dist- Koderma, Jharkhand;
3. Surendra Prasad Kushwaha S/o Roopchand Mahto, Aged about 49 years resident of Village- Nawadih, P.Ο.-Nawadih, P.S- Markacho, Dist-Koderma, Jharkhand;
4. Nagendra Prasad Verma S/o Roopchand Mahto, Aged about 55 years resident of Village- Nawadih, P.O.-Nawadih, P.S- Markacho, Dist- Koderma, Jharkhand;
5. Prakash Prasad S/o Roopchand Mahto, Aged about 46 years resident of Village Nawadih, P.O.-Nawadih, P.S- Markacho, Dist- Koderma, Jharkhand.
……..Petitioners
Versus
1. The State of Jharkhand;
2. The Secretary, Road Construction Department, Government of Jharkhand, Project Bhawan, P.O. & P.S.- Dhurwa, District- Ranchi;
3. The Deputy Commissioner, Koderma, P.O., P.S. & District- Koderma, Jharkhand;
4. The District Land Acquisition Officer, Koderma, P.O., P.S. & District- Koderma, Jharkhand;
5. The Circle Officer, Markacho, P.O. & P.S.- Markacho, District- Koderma, Jharkhand;
6. The Executive Engineer, Road Construction Department, Road Division Koderma, P.O., P.S. & District- Koderma, Jharkhand.
……Respondents
With
W.P. (C) No. 7632 of 2023
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1. Prakash Thakur S/o Degan Thakur, Aged about 48 years, resident of Village- Dardahi, P.O.-Nawadih, P.S-Markacho, Dist- Koderma, Jharkhand;
2. Sudama Thakur S/o Jago Thakur, Aged about 36 years resident of Village- Dardahi, P.O.-Nawadih, P.S-Markacho, Dist- Koderma, Jharkhand;
3. Mahru Hajam S/o Alho Hajam, Aged about 56 years, resident of Village- Dardahi, P.O.-Nawadih, P.S-Markacho, Dist- Koderma, Jharkhand;
4. Chandwa Devi W/o Ramlal Hajam, Aged about 71 years resident of Village- Dardahi, P.O.-Nawadih, P.S-Markacho, Dist- Koderma, Jharkhand;
.....Petitioners
2
Versus
1. The State of Jharkhand;
2. The Secretary, Road Construction Department, Government of Jharkhand, Project Bhawan, P.O. & P.S.- Dhurwa, District- Ranchi;
3. The Deputy Commissioner, Koderma, P.O., P.S. & District- Koderma, Jharkhand;
4. The District Land Acquisition Officer, Koderma, P.O., P.S. & District- Koderma, Jharkhand;
5. The Circle Officer, Markacho, P.O. & P.S.- Markacho, District- Koderma, Jharkhand;
6. The Executive Engineer, Road Construction Department, Road Division Koderma, P.O., P.S. & District- Koderma, Jharkhand.
……Respondents
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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------- For the Petitioners : M/s. Bhawesh Kumar, Ravi Kumar, Rajiv
Kumar Pandey, Akata Anand, Advocates
For the Respondents : Mr. Kishore Kr. Singh, S.C.-V
[in WPC No.7632/2023]
Mr. Shivam Singh, A.C. to S.C.-II
[in WPC No.7584/2023]
--------- 08/Dated:-19.02.2025
1.
Since similar issue is raised in the both these writ applications, hence both cases are heard together and a common
order is being passed.
2.
The grievance of the petitioners in both these writ applications is that the road, which has been widened by the respondent authorities has been from Bariyardih to Markacho in the District of Koderma, is over the Raiyati Land of the petitioners, however, neither any land acquisition process has been initiated, nor concluded.
Ld. Counsel further submits that in the same stretch of land, the respondents have already initiated land acquisition process in case of other persons; accordingly, the Deputy Commissioner may be directed to look into the matter and do the
3 needful so that the petitioners should get exact compensation as per the prevailing rate after measuring the land which has been acquired after due process of law.
He lastly submits that the petitioners of both these writ applications have represented before respondent No.3 on 22.10.2014 in this regard and again represented before respondent Nos. 2 to 6 on 19.12.2022 in W.P. (C) No. 7584 of 2023 and on 02.05.2023 in W.P.(C) No. 7632 of 2023 respectively.
3.
Learned counsel for the respondents in both these writ applications submits that the Deputy Commissioner may be
directed to look into the matter and if at all any land of the petitioners has already been acquired, necessary order be passed with regard to the compensation.
4.
Having regard to the aforesaid submissions made at bar, both these writ applications are hereby disposed of by directing the Deputy Commissioner, Koderma being respondent No.3, to treat both these writ applications as representation and take a decision in both the cases after verifying the records of the case and by passing a reasoned order within a period of 12 weeks from the date of receipt/production of a copy of this order.
Learned counsel for the respective petitioners shall submit the copy of their respective writ applications before the respondent No.3 for early disposal of their grievance.
5.
If required, the Deputy Commissioner shall also hear the parties before passing the order and the said order shall be communicated to the respective petitioners.
4
6.
With the aforesaid observations, both these writ applications stand disposed of. Pending I.A.s, if any, also stands closed.
(Deepak Roshan, J.) vikas/-