JAMUNA MAHTO v. STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY,
WPC/640/2025 · 2025-04-03
Rajesh Shankar
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 5128 (JHR) · dailylaw.ai ]
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[ 2025 DAILYLAW 5128 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:10356
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 640 of 2025
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1. Jamuna Mahto
2. Amrit Lal Mahto
Both are sons of Late Baldeo Mahto, residents of Dhori Basti
Barkitanr, P.O.- Dhori, PS.- Bermo, District- Bokaro
… … Petitioners Versus
1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi
2. The Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi
3. The Deputy Commissioner, Bokaro
4. The Executive Engineer, Rural Development Special Division, Bokaro
5. The District Land Acquisition Officer, Bokaro
6. The Circle Officer, Bermo, District- Bokaro
…. … Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioners : Mr. Sunil Kumar Mahto, Advocate
For the Respondents : Mrs. Shalini Shahdeo, A.C. to S.C. (L&C)-I
Order No. 04
Dated: 03.04.2025
The present writ petition has been filed for calling upon the concerned respondents to show cause as to how the petitioners’ piece of land appertaining to plot nos. 244, 245, 246, 247, 248, 250, 524, 525 and 526, Khata No. 70, Mouza- Dhori, Circle- Bermo, District- Bokaro measuring total area of 3.90 acres has been encroached and a Football Stadium is being constructed over the same without lawful acquisition. Further prayer has been made for issuance of direction upon the Deputy Commissioner, Bokaro (the respondent no. 3) to acquire the aforesaid land by following procedure laid down under the “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” and thereafter to pay suitable compensation to the petitioners as well as to provide the
2025:JHHC:10356
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benefits of Rehabilitation and Resettlement Scheme.
2. Mrs. Shalini Shahdeo, learned A.C. to S.C. (L&C)-I appearing on behalf of the respondents, submits that the aforesaid claim of the petitioners is required to be factually examined by the competent authority, i.e., the respondent no. 5-the District Land Acquisition Officer, Bokaro. Hence, if the petitioners prefer a representation on the present issue before the respondent no. 5, an appropriate decision will be taken by the said respondent within a time frame.
3. Having heard learned counsel for the parties and considering the nature of prayer made in the writ petition, without entering into the merit of the case, the petitioners are given liberty to prefer a representation on the present issue before the respondent no. 5. On receipt of the said representation, the respondent no. 5, after examining the relevant records and providing opportunity of hearing to the petitioners/their representative, shall take an appropriate decision within eight weeks from the date of filing of the said representation.
4. The writ petition is accordingly disposed of with the aforesaid liberty and direction.
Ritesh/
(Rajesh Shankar, J.)