2025:JHHC:31730 IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (C) No.2210 of 2022 ---- Umesh Koiri, aged about 62 years, son of Late Sripati Koiri, resident of Village: Tiruldih, P.O. & P.S: Tiruldih, District-Seraikella Kharsawan …. …. Petitioner(s) Versus 1. The State of Jharkhand, through its Chief Secretary, Project Bhawan, P.O. & P.S: Dhurwa, District-Ranchi. 2. Additional Collector, Seraikella Kharsawan, P.O. & P.S: Seraikella, District-Seraikella Kharsawan 3. District Land Acquisition Officer, Seraikella Kharsawan, P.O & P.S: Seraikella, District-Seraikella Kharsawan. 4. Special Land Acquisition Officer-III, Tiruldih, Swarnrekha Project Building, Adityapur, P.O. & P.S.: Adityapur, District-Seraikella Kharsawan. …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : Mr. A.K. Sahani, Adv. : Mr. Ajit Kumar, Adv. For the Respondent(s) : Mr. Rahul Saboo, G.P.-II : Mr. Gaurang Jajodia, A.C.-G.P.-II ---- 15/Dated: 14th October, 2025 1. The present writ petition has been filed for following reliefs:- “for grant of an appropriate writ in the nature of Certiorari or an order or direction for quashing an order as contained in Memo No. 453 A dated 26/10/2019 passed by the respondent no. 3 (Annexure-6) whereby the earlier order dated 19/9/2011 is purported to be correct and for any other appropriate writ or order or direction as this Hon'ble Court may deem fit and proper”. 2. It appears that the petitioner wants enhancement of the compensation amount and, accordingly, an application has been made which has to be considered as per the mandate of Section 18 of the Land Acquisition Act, 1894. Further, it appears that petitioner has approached this Court and vide order dated 24.07.2019, passed in W.P.(C). No. 7031 of 2016. Mandamus has been issued. The operative portion of the said order reads as follows:- 2025:JHHC:31730 Page | 2 W.P. (C) No.2210 of 2022 “The submission advanced by the learned State counsel is that there might be some delay in taking decision over the aforesaid application, since the petitioner has chosen wrong Forum, but this submission cannot be said to have force for the reason that if any application is preferred invoking the jurisdiction before the competent authority, it is incumbent upon him to pass an appropriate order and he, in no circumstances, can keep the matter pending. However, since the authority has failed to discharge his duties in not exercising the power conferred under the Statute as per the provision under Section 18 of the Land Acquisition Act, 1894 and in view thereof, it is a fit case for issuance of writ of Mandamus by way of command upon the Respondent No. 3, the District land Acquisition Officer, Seraikella- Kharsawan to take decision upon the application made under Section 18 of the Land Acquisition Act, 1894, if not already taken, within a period of eight weeks from the date of receipt/production of a copy of the order after providing an opportunity of being heard to the petitioner as also the other affected parties. This writ petition is, accordingly, disposed of”. 3. In pursuance of the above order, order contained in Memo No. 453A/L.A. has been passed on 26.10.2019 by the District Land Acquisition Officer, Seraikella-Kharsawan. From perusal of the said order, it appears that it is in direct conflict with the order of this Court as mentioned above as well as it is without jurisdiction. Further, the authority is not supposed to decide the claim rather he has only power to refer. 4. In view of the above discussion, the impugned order dated 26.10.2019 contained in Memo No. 453A/L.A. passed by the District Land Acquisition Officer, Seraikella-Kharsawan (Annexure-6) is hereby quashed and set aside and the Authority concerned is directed to refer the matter under Section 18/64 of the Land Acquisition Act, 1894/Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 respectively. (Rajesh Kumar, J.) Dated: 14th October, 2025 Amar-Rashmi/- Uploaded