2025:JHHC:35103 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.7410 of 2023 1. Anil Kumar Dahanga son of Simon Dahanga, Aged about 53 years Resident of TambaToli, Durdungi, P.O- Khunti, P.S. Khunti, District- Khunti, Jharkhand. 2. Bimal Barla son of Late Patras Barla, Aged about 65 years Resident of Emmanuel Apartment, Dhumsa Toli, P.O./P.S. Chutia, District-Ranchi, Jharkhand. 3. Basil Balea Baskey alias B.B. Baskey son of Late Paulus Baskey, aged about 62 years, resident of House No.122, Bishop Compound Old H.B. Road, Ranchi, P.O. Church Road, P.S. Lower Bazar, District Ranchi, Jharkhand …… Petitioners Versus 1. The State of Jharkhand. 2. Deputy Commissioner, Ranchi, P.O-G.P.O., P.S- Kotwali, District Ranchi, Jharkhand. 3. District Land Acquisition Officer, Ranchi, P.O- G.P.O., P.S- Kotwali, District- Ranchi, Jharkhand. 4. The Circle Officer, Ranchi, P.O-G.P.O., P.S- Kotwali, District Ranchi, Jharkhand. 5. Noel Hembrom son of Late Prabhu Sahay Hembrom, Resident of House No.132, Near Kantatoli Chowk, Dayal's Compound, P.O. Kantatoli, P.S. Lower Bazar, District-Ranchi, Jharkhand. 6. Binod Kumar Pandey son of Shri Gangeshwar Pandey, Resident of Raj Roshan Bhawan, Alkapuri, Ratu Road, P.O. Ratu, P.S. Sukhdeonagar, District -Ranchi, Jharkhand. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioners : Mr. J. J. Sanga, Advocate For the Resp.-State : Ms. Rishi Bharti, A.C to AAG-III --------- 05/Dated: 25 th November, 2025 1. The present writ petition has been filed for the following reliefs :- “(a) for issuance of an appropriate writ(s)/ order(s)/ direction(s) for quashing the Letter No.2048 (ii) dated 26/11/2022 issued by the District Land Acquisition Officer, Ranchi (Annexure-1) whereby and whereunder the District Land Acquisition Officer, Ranchi (Respondent No.3) has referred the L.A. Case No.34/2021-22 to the Hon'ble Court of Judicial Commissioner, Ranchi Cum Land - 1 - W.P.(C) No.7410 of 2023 2025:JHHC:35103 Acquisition Rehabilitation and Resettlement Authority, Ranchi to decide the title of the land which has been acquired for the construction of the flyover from Yogda Satsang Ashram, Bahu Bazar to Shanti Nagar, Kokar via Kantatoli Chowk for the land situated at village Konka and Sirom being Ms. Plot No.522, 823, 841, 946, 949, 948, 950, 1703 and 941 total measuring an area 0.8097 acres. (b) for issuance of an order(s)/ direction(s) appropriate writ(s)/ for quashing the Order dated 26/11/2022 passed by the District Land Acquisition Officer, Ranchi in L.A. Case No.34/2021-22 whereby and whereunder the District Land Acquisition Officer, Ranchi (Respondent No.3) after passing the said Impugned Order dated 26/11/2022 has referred the matter to the Hon'ble Court of Judicial Commissioner, Ranchi Cum Land Acquisition Rehabilitation and Resettlement Authority, Ranchi to decide the title between the petitioners and the respondent no.6 whereas the title of the petitioners and the respondent no.6 has already been decided in Title Suit No.161/1998. (c) for issuance of an appropriate writ(s)/ order(s)/ direction(s) for quashing the entire proceeding arising out of Land Acquisition Case No.25/2022 pending in the court of Judicial Commissioner, Ranchi since the issue regarding deciding title for which Land Acquisition Case No.34/2021-22 which has been referred by the District Land Acquisition Officer, Ranchi to the court of Judicial Commissioner, Ranchi has already been decided between the petitioners and respondent by the Court of Learned Civil Judge, Senior Division-IV Ranchi, on 29/08/2022 in Title Suit No.161/1998 .” 2. Admittedly the matter has been referred for adjudication which has been registered as L.A. Case No.34/2021-22. 3. Learned counsel for the petitioners has tried to assail - 2 - W.P.(C) No.7410 of 2023 2025:JHHC:35103 the reference on the ground that it is hit by the principle of res judicata. 4. It is settled principle of law that res judicata is an issue to be framed and decided by a competent civil court in a pending proceeding. It cannot bar the jurisdiction of the civil court so far as filing of a suit and entertainment of the suit is concerned. 5. In that view of the matter, learned counsel for the petitioners seeks permission to withdraw the present writ petition with a liberty to raise all the issues/ points in the pending proceeding before the referral court. 6. In view of above submission and the nature of order which is being passed, there is no requirement of issuance of notice upon the private respondents. 7. As discussed above, the present writ petition is, hereby, disposed of with the aforesaid liberty. 8. Pending interlocutory application, if any, stands disposed of. (Rajesh Kumar, J.) 25th November, 2025 Ravi-Chandan/- Uploaded on 26.11.2025 - 3 - W.P.(C) No.7410 of 2023