BIRENDRA MEHTA ALIAS BIRENDRA KUMAR OHDAR v. THE STATE OF JHARKHAND, THROUGH ITS SECRETARY, PRINCIPAL SECRETARY,
WPC/1789/2025 · 2025-07-03
Gautam Kumar Choudhary
body2025
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[ 2025 DAILYLAW 4789 (JHR) · dailylaw.ai ]
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[ 2025 DAILYLAW 4789 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:17797 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 1789 of 2025
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1. Birendra Mehta @ Birendra Kumar Ohdar, aged about 56 years, Son of Deokinandan Ohdar. 2. Yogendra Kumar Ohdar @Yogendra Kumar Mahto, aged about 40 years, Son of Late Deokinandan Ohdar. 3. Rijhu Nath Bhandari, aged about 70 years, Son of Shibu Bhandari. 4. Gajendra Kumar Choudhary, aged about 50 years, Son of Bhuglu Choudhary. 5. Mahesh Mahto, aged about 60 years, Son of Bhola Mahto. 6. Sri Kheman Choudhary, aged about 65 years, Son of Late Shiva Choudhary. 7. Dubey Charan Mahto, aged about 56 years, Son of Bhola Nath Mahto. 8. Basudeo Mahto, aged about 46 years, Son of Mutar Mahto. 9. Jhaman Choudhary @ Mahto, aged about 70 years, Son of Shiva Choudhary. 10. Charku Mahto, aged about 62 years, Son of Richaku Mahto. 11. Ingeshwar Mahto, aged about 55 years, Son of Raghu Mahto. 12. Yugal Mahto, aged about 56 years, Son of Late Salikh Mahto. 13. Bishto Mahto, aged about 55 years, Son of Govind Mahto. 14. Balku Mahto, aged about 51 years, Son of Late Richaku Mahto. 15. Mosmat Sarun @ Sarun Devi, aged about 48 years, Wife of Duleshwar Mahto. 16. Jhabu Mahto, aged about 63 Mahto, Son of Late Salik Mahto. 17. Hitlal Mahto, aged about 67 years, Son of Dukhan Mahto. 18. Most. Rudni Devi, aged about 59 years, Wife of Late Barju Mahto. 19. Niranjan Mahto, aged about 62 years, Son of Amarlal Mahto. 20. Jageshwar Mahto, aged about 42 years, Son of Arjun Mahto. 21. Narendra Kumar Sinha, aged about 48 years, Son of Late Vishnu Lal Mahto. 22. Tapendra Kumar Mahto, aged about 55 years, Son of Late Vishnu Lal Mahto. 23. Phoolki Devi, aged about 61 years, Wife Late Nageshwar Mahto. 24. Babu Lal Mahto, aged about 58 years, Son of Late Dukhan Mahto. 25. Prem Chand Mahto, aged about 77 years, Son of Late Dukhan Mahto. 26. Gangadhar Mahto, aged about 63 years, Son of Bishun Lal Mahto. 27. Upasi Devi, aged about 64 years, Wife of Late Dharamnath @ Dharam Mahto. 28. Mohan Bhandari, aged about 50 years, Son of Late Bohran Bhandari. 29. Parmeshwar Choudhary, aged about 65 years, Son of Late Shiva Choudhary. 30. Mehilal Choudhary, aged about 74 years, Son of Late Prem Nath Choudhary. 31.
Lalku Mahto, aged about 50 years, Son of Late Richaku Mahto. 32. Tileshwari Devi @ Most. Tileshwari, aged about 64 years, Wife of Late Chuman Ohdar. 33. Nomi Ohdar, aged about 50 years, Son of Shiv Ohdar. 34. Bigendra Choudhary, aged about 55 years, Son of Mani Choudahry. 2025:JHHC:17797 2
35. Murli Mahto, aged about 60 years, Son of Jivadhan Mahto. 36. Bifal Karmali, aged about 63 years, Son of Late Sabur Karmali. 37. Baleshwar Mahto, aged about 55 years, Son of Late Mohar Mahto. 38. Surendra Bhandari, aged about 46 years, Son of Late Gayaram Bhandari. 39. Khirodhar Bhandari, aged about 65 years, Son of Late Gayaram Bhandari. 40. Shushmita Bharti, aged about 30 years, Daughter of Gangadhar Mahto. 41. Kamlesh Kumar, aged about 47 years, Son of Richaku Mahto. 42. Purani Devi, aged about 62 years, Wife of Late Sarau Mahto, Represented on behalf of her husband. 43. Prayag Kumar, aged about 35 years, Son of Baldeo Mahto. 44. Krishna Deo Mahto, aged about 50 years, Son of Bhadru Mahto. 45. Chaita Mahto, aged about 52 years, Son of Chutu Mahto. 46. Kedar Mahto, aged about 60 years, Son of Mutka Mahto. 47. Suresh Mahatha, aged about 76 years, Son of Late Banwari Mahtha. 48. Tulsi Mahto, aged about 62 years, Son of Late Bishun Lal Mahto. 49. Umesh Mahto, aged about 58 years, Son of Sohrai Mahto. 50. Narayan Mahto, aged about 75 years, Son of Paras Nath Mahto. 51. Galo Devi, aged about 54 years, Wife of Late Sukhdeo Mahto (Represented on behalf of her husband). 52. Jaleshwar Mahto @ Jale Mahto, aged about 60 years, Son of Chandaru Mahto. 53. Ram Dayal Mahto, aged about 62 years, Son of Late Paras Nath Mahto. 54. Naresh Ohdar, aged about 51 years, Son of Hari Ohdar. 55. Chunendra Mahto, aged about 47 years, Son of Karam Mahto. 56.
Padum Devi, aged about 55 years, Wife of Devnath Ohdar @ Jaleshwar Ohdar. 57. Most. Thakani Devi, aged about 60 years, Wife of Late Pirit Bhandari. 58. Urmila Devi, aged about 65 years, Wife of Late Kumud Kishore Ohdar, (Represented on behalf of her husband). 59. Gopi Ohdar, aged about 63 years, Son of Puran Ohdar. 60. Uday Ohdar, aged about 56 years, Son of Puran Ohdar. 61. Dipak Kumar Mahto, aged about 57 years, Son of Sohrai Mahto. 62. Malti Devi, aged about 70 years, Wife of Chutak Lal Ohdar, represent in place of her husband. 63. Jaleshwari Devi, aged about 47 years, Wife of Tulu Mahto, Daughter of Rohan Lal Mahto (Represented in place of her mother notice Shanti Devi). 64. Bujhan Ohdar, aged about 65 years, Son Late Banshi Ohdar. 65. Rajo Devi, aged about 61 years, Wife of Late Suphal Karmali. 66. Mosmat Shitali @ Shitali Devi, aged about 67 years, Wife of Late Arjun Mahto. 67. Yogendra Kumar Mahto @Yogendra Mahto, aged about 45, Son of Chorta Mahto. 68. Chintamani Mahto, aged about 54 years, Son of Chorata Mahto. 69. Savitri Devi, aged about 55 years, Wife of Late Labu Mahto, represented in place of her husband died on 28.06.2020. 2025:JHHC:17797 3
70. Bhadru Mahto, aged about 71 years, Son of Dev Lal Mahto. 71. Kesho Mahto, aged about 54 years, Son of Late Ghanenath Mahto. 72. Charku Mahto, aged about 57 years, Son of Bodhi Mahto. 73. Chepni Devi, aged about 64 years, Wife of Late Kajru Mahto, (Represented on behalf of her husband). 74. Tikeshwar Mahto, aged about 45 years, Son of Jagdish Mahto. 75. Hari Ohdar, aged about 72 years, Son of Late Puran Ohdar. 76. Sangita Devi, aged about 44 years, Wife of Late Chitranjan Kumar Mahto, represented on behalf of her husband. 77. Mansu Mahto, aged about 66 years, Son of Late Dhaneshwar Mahto. 78.
Sonaram Mahto, aged about 58 years, Son of Makund Mahto, Resident of village- Bongasori at Present Residence of village Bhalu, P.Ο.-Potamdaga, P.S.- Rajrappa, District- Ramgarh, Jharkhand. 79. Nageshwar Ohdar, aged about 69 years, Son of Jaynandan Mahto @ Ohdar. 80. Naresh Mahto, aged about 79 years, Son of Late Dandu Mahto. 81. Rajesh Ohdear @ Rajesh Ohdar, aged about 45 years, Son of Binod Ohdar. 82. Bhuneshwar Bhandari @ Bhuneshwar Mahto, aged about 62 years, Son of Late Gayaram Bhandari. 83. Devendra Choudhari, aged about 42 years, Son of Mani Choudhari. 84. Kameshwar Bhandari, aged about 47 years, Son of Gaya Bhandari @ Gararam Bhandari. 85. Nageshwar Mahto, aged about 45 years, Son of Jaidhan Mahto. 86. Anil Kumar, aged about 30 years, Son of Birendra Mehta. 87. Manoj Kumar Mahto, aged about 40 years, Son of Niranjan Mahto. 88. Rajendra Mahto, aged about 45 years, Son of Premchand Mahto. 89. Murti Devi, aged about 40 years, Wife of Ram Podo Mahto. 90. Bahadur Kumar Mahto, aged about 30 years, Son of Naresh Ohdar. 91. Mukesh Kumar Mahto, aged about 30 years, Son of Tapendra Kumar Mahto. 92. Mahendra Mahto, aged about 45 years, Son of Bisun Lal Mahto. 93. Pancham Kumar Mahto, aged about 35 years, Son of Fagu Mahto. 94. Lal Kishore Kumar, aged about 32 years, Son of Murli Mahto. 95. Lakhendra Mahto, aged about 40 years, Son of Mohar Mahto. 96. Digendra Kumar, aged about 30 years, Son of Hitlal Mahto. 97. Sanjay Ohdar, aged about 40 years, Son of Late Sheo Ohdar. 98. Sanjay Kumar, aged about 26 years, Son of Gangadhar Mahto. 99. Dileshwar Ohdar, aged about 40 years, Son of Hari Ohdar. 100. Ashok Kumar Mahto, aged about 35 years, Son of Hitlal Mahto. 101. Ajit Kumar Mahto, aged about 35 years, Son of Babulal Mahto. 102. Salendra Kumar Ohdar, aged about 35 years, Son of Devkinandan Ohdar. 103. Anuj Kumar, aged about 25 years, Son of Niranjan Mahto. 104.
Satendra Mahto, aged about 22 years, Son of Premchand Mahto. 105. Mohan Kumar Sinha, aged about 40 years, Son of Late Bhukhan Mahto. 106. Sudesh Kumar, aged about 41 years, Son of Baldeo Mahto. 107. Mahendra Ohdar, aged about 40 years, Son of Late Devki Nandan Ohdar. 2025:JHHC:17797 4
108. Khela Ram Mahto, aged about 35 years, Son of Ghanenath Mahto. 109. Devendra Kumar Mahto, aged about 30 years, Son of Late Sukhdeo Mahto. 110. Umesh Mahto, aged about 35 years, Son of Late Ghanenath Mahto. 111. Rupesh Kumar, aged about 28 years, Son of Late Sukhdeo Mahto. 112. Mukhlal Ohdar, aged about 55 years, Son of Late Mallu Ohdar. All are residents of village Bongasari, P.Ο.-Honhe, P.S. Rajrappa, District- Ramgarh, Jharkhand. …. …. Petitioners
Versus
1. The State of Jharkhand, through its Secretary, Principal Secretary, Nepal House, Doranda, Ρ.Ο.-P.S.-Doranda, District-Ranchi
2. The Secretary, Water Resources Department, Government of Jharkhand, Nepal House, Doranda, P.O. & P.S.- Doranda, District- Ranchi, Jharkhand. 3. The Deputy Commissioner, Ramgarh, P.O. & P.S.- Ramgarh, District- Ramgarh, Jharkhand. 4. The Chief Engineer, Water Resources Department, Hazaribagh, P.O. & P.S. Hazaribagh, District-Hazaribagh, Jharkhand. 5. The Executive Engineer, Water Resources Division (Jal Path Pramandal), Hazaribagh, P.O. & P.S.-Hazaribagh, District- Hazaribagh, Jharkhand. 6. The Special Land Acquisition Officer, Tehughat Project, Hazaribagh, P.O. & P.S.- Hazaribagh, Jharkhand. 7. The Sub-Divisional Officer, Ramgarh, P.O. & P.S.-Ramgarh, District- Ramgarh, Jharkhand. … …. Respondents
----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
----- For the Petitioners : Mr. Awadhesh Pandey, Advocate
For the Respondents : AC to AAG-III
----- Oral Order
04 / Dated : 03.07.2025
1. Petitioners claim themselves to be the land losers under Bhairwa Reservoir Project, in the district of Ramgarh on acquisition of the land in 1988–89. 2. The instant writ petition has been filed for direction upon the concerned respondents for rehabilitation benefits. 3.
It is further submitted that in an identical situation, the other land holders had moved before this Court in W.P.(C) No. 1766 of 2025 which has been disposed of on 02.07.2025 with direction to the petitioners to file individual claim/objection along with relevant documents with respect to the payment of compensation for their houses which existed
2025:JHHC:17797 5
over the land acquired for Bhairva Reservoir Project before competent authority. 4. It is further submitted that though the predecessor-in-interest have been paid compensation for acquisition of their respective lands, but no payment of compensation has been made for the houses and structures and rehabilitation benefits. 5. Learned counsel for the State submits that Petitioners have alternative remedy for redressal of their grievance. 6. Under the circumstance, the petitioners are directed to file individual claim/objection before the respondent no. 5-Executive Engineer, Water Resources Division (Jal Path Pramandal), Hazaribagh, who on receipt of the same will take appropriate decision with respect to individual claim/objection of the petitioners on the basis of materials available on record and prepare a fresh valuation chart for payment of compensation with respect to the houses and structures which existed over the acquired lands and for providing rehabilitation benefits. 7. Respondent no. 5 shall thereafter send the said valuation report to respondent no. 6- Special Land Acquisition Officer, Tenughat Project, Hazaribagh who shall determine the compensation to be paid to the petitioners, if they are found entitled and make effective payment to them. The said exercises will be completed by the concerned respondent within three months from the date of filing of the individual claim/objection by the petitioners. With these directions, this writ petition stands disposed of. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra