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High Court of Jharkhand · body

2025 DAILYLAW 32035 (JHR)

PRABHU MEHARSON v. STATE OF JHARKHAND

WPC/7735/2023 · 2025-09-11

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:27815 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.7735 of 2023 Prabhu Meharson. Son of Lalit Mehar, Age 72 years, residence of Ram Nagar, Village – Dhawai Pani, P.O. - Khiji, P.S. - Ttangar, Konmenjra, Thethaitanagar, Simdega, Jharkhand – 835226, Adhar – 735710318049. …… Petitioner Versus 1. State Of Jharkhand. 2. Deputy Commissioner, Simdega, P.O. +P.S.- Simdega, District- Simdega, Jharkhand. 3. District Land Acquisition Simdega, P.O. +P.S.+ District- Simdega, Jharkhand. 4. S.D.O. Simdega, P.O. +P.S.+ District Simdega, Jharkhand. 5. C.O. Simdega, P.O. +P.S.+ District- Simdega, Jharkhand. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Vishal Kumar, Advocate Ms. Ishhani Singh, Advocate For the Resp.-State : Mr. Abhijeet Anand, A.C to Sr. S.C-I --------- 06/Dated: 11 th September, 2025 1. Heard learned counsel for the parties. 2. The present writ petition has been filed for the following relief :- “for issuance of an appropriate writ/s, Order/s, direction/s commanding upon the respondents in nature of Mandamus giving direction to the respondents for equal compensation for acquisition of same plot and similar adjoining and near about plots.” 3. The description of land of the petitioner is as follows :- “Khata No.8, Plot Nos.114, 124, 124/1 and 124/2 total Rakba – 1.04 acres.” 4. Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 reads as under :- “64. Reference to Authority. - 1 - W.P.C No.7735 of 2023 2025:JHHC:27815 (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested:Provided that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority:Provided further that where the Collector fails to make such reference within the period so specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period of thirty days. 5. In view of above provisions of law, learned counsel for the petitioner seeks permission to withdraw the present writ petition with a liberty to approach the appropriate authority and in turn the concerned authority is directed to refer the matter under Section 64(1) of the the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, for adjudication by the competent authority. 6. With the aforesaid liberty, the present writ petition is, hereby, disposed of. 7. Pending interlocutory application, if any, stands disposed of. (Rajesh Kumar, J.) Ravi-Chandan/- - 2 - W.P.C No.7735 of 2023