ANIRUDH PRASAD SAW v. THE STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY
WPC/6645/2025 · 2025-12-02
Rajesh Kumar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 40286 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40286 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:35979
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6645 of 2025 ---- Anirudh Prasad Saw, aged about 35 years, Son of Late Lakhan Sao, resident of Village Pundi (Dewalgadda), P.O. Saradhu, P.S. Tandwa, District-Chatra
…. …. Petitioner -Versus-
1. The State of Jharkhand through its Chief Secretary, Government of Jharkhand, Project Bhawan, P.O & P.S. Dhurwa, District-Ranchi
2. Deputy Commissioner, Chatra P.O. & P.S. Chatra, District- Chatra
3. Additional Collector, Chatra. P.O. & P.S. Chatra, District- Chatra
4. Land Reforms Deputy Collector, Simariya, P.O. & P.S Simariya, District- Chatra
5. Circle Officer, Tandwa, P.O. & P.S.-Tandwa, District- Chatra
6. Central Coalfields Limited, through its Chairman-cum Managing Director, a subsidiary of a Coal India Ltd, Government of India Undertaking having its Head Office at Darbhanga House, Ranchi, P.O Ranchi G.P.O, P.S Kotwali, District- Ranchi
7. General Manager (Lands & Revenue), Central Coalfields Limited, Magadh- Sanghmitra Area, Bachra, P.O Bachra, P.S Piparwar, District-Chatra
8. Project Officer, Central Coalfields Limited, Magadh Project, Awantika, Kundi P.O Saradhu, Tandwa, District- Chatra
…. …. Respondents ----
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ----
For the Petitioner
: Mr. A.K. Sahani, Advocate
For the Respondent-State : Mr. Utpal Kant, A.C to A.G
For the Respondent-CCL : Mr. A.K. Das, Advocate
: Mr. Sahay Gaurav Piyush, Adv. ----
02/Dated: 02nd December, 2025
1. Heard the parties. 2. The present writ petition has been filed for following reliefs:-
“(i) For issuance of a writ in the nature of Mandamus or any other Writ/Order commanding upon the respondent Nos.1 to 5, particularly the respondent Nos.3 to 5, to issue Land Verification Certificate in respect of the lands appertaining to Plot No.236 under Khata No.27 of Mouza-Dewalgada measuring an area of 2 Acres within Tandwa Police Station in the district of Chatra within a specified period. 2 W.P.(C) No.6645 of 2025
(ii) For issuance of a writ in the nature of Mandamus commanding upon the respondent Nos. 6 to 8 to consider employment of the petitioner under Re-settlement and Re-habilitation Policy issued by the Coal India Limited for acquisition of the aforesaid land within a specified period.”
3. The remedy lies under Sections 14 & 16 of the Coal-Bearing Areas (Acquisition and Development )Act, 1957, which are quoted hereinbelow:-
“14. Method of determining compensation- (1) Where the amount of any compensation payable under this Act can be fixed by agreement, it shall be paid in accordance with such agreement. (2) Where no such agreement can be reached, the Central Government shall constitute a Tribunal consisting of a person who is or has been or is qualified to be a Judge of a High Court for the purpose of determining the amount. (3) The Central Government may in any particular case nominate a person having expert knowledge in mining to assist the Tribunal, and where such nomination is made, the person or persons interested may also nominate any other person for the same purpose. (4) At the commencement of the proceedings before the Tribunal the Central Government and the person interested shall state what in their respective opinions is a fair amount of compensation.
(5) The Tribunal shall after hearing the dispute, make an award determining the amount of compensation which appears to it to be just, and specify the person or persons to whom the compensation shall be paid; and in making the award the Tribunal shall have regard to the circumstances of each case and to the foregoing provisions of this Act with respect to the manner in which the amount of compensation shall be determined in so far as the said provisions or any of them may be applicable. (6) Where there is a dispute as to the person or persons entitled to compensation and the Tribunal finds that more persons than one are entitled to compensation, it shall apportion the amount thereof among such persons and in such manner as it thinks fit. (7) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to any proceedings under this section. (8) The Tribunal, in the proceedings before it, shall have all the powers which a Civil Court has while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:-
3 W.P.(C) No.6645 of 2025
(i) summoning and enforcing the attendance of any person and examining him on oath; (ii) requiring the discovery and production of any document; (iii) reception of evidence on affidavits; (iv) requisitioning any public record from any court or office, and, (v) issuing the commissions for examination of witnesses. 16. Interest on awards- If the sum which in the opinion of the Tribunal ought to have been awarded as compensation is in excess of the sum which the Central Government has stated to be a fair amount of compensation, the award of the Tribunal may direct that the Central Government shall pay interest on such excess at the rate of five per centum per annum from the date on which it became payable to the date of payment of such excess.”
4.
In view of the above provision of law, learned counsel for the petitioner seeks permission to withdraw the present writ petition with a liberty to approach before the concerned Tribunal. 5.
Learned counsel for the other side have raised no objection.
6. Permission is granted. Accordingly, the present writ petition is hereby,
disposed of as withdrawn with the aforesaid liberty.
7. If any such application is filed, the Tribunal is supposed to dispose of the same as early as possible as it is a question of property as well as monetization of the land which is the very basis of the existence of any individual.
(Rajesh Kumar, J.) 02nd December, 2025 Raja/-Uploaded on 03.12.2025