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High Court of Jharkhand · body

2025 DAILYLAW 7307 (JHR)

JITENDRA KUMAR SINGH v. THE STATE OF JHARKHAND

WPC/1007/2024 · 2025-03-05

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1007 of 2024 1. Jitendra Kumar Singh 2. Anar Devi ….. Petitioners Versus 1. The State of Jharkhand 2. The Secretary, Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi 3. The Deputy Commissioner, Palamau 4. The Distinct Land Acquisition Officer, Palamau 5. National Highway Authority of India, through its Chairman, New Delhi 6. The Project Director, National Highway Authority of India, Palamau ….. Respondents ----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners: Mr. Saurabh Shekhar For the State: Mr. Apoorva Singh, A.C to S.C (Mines)-II For the NHAI: Ms. Sweety Topno ----- 06/05.03.2025 Learned counsel for the petitioners confines the prayer made in the present writ petition to the extent of issuance of direction upon the concerned respondents to take decision on the petitioners’ representation dated 20.12.2023 (Annexure-3 to the writ petition) preferred in relation to acquisition of the lands as notified in the Gazette (extra-ordinary) bearing reference as CG- DL-14062023-246538 dated 13.06.2023, published in the daily newspaper, namely, ‘Dainik Bhaskar’, Ranchi Edition dated 24.06.2023 (Annexure-1 to the writ petition) whereby the decision taken for acquisition of the petitioner’s land appearing at Sl. Nos. 355, 356, 358, 379, 430 & 431, situated in the district of Palamau for construction of NH-75 (now NH-39) from 130.6 K.M to 147.54 K.M has been brought on public domain by the respondent No.4. The said decision has been taken in pursuance of the notification dated 20.01.2023 issued by the Ministry of Road Transport and Highways, Government of India under the provisions of Section 3(A)(3) of the National Highways Act, 1956 for the purpose of widening of NH-39. 2. Mr. Apoorva Singh, learned A.C to S.C (Mines)-II appearing on behalf of the respondent-State, submits that if the petitioners prefer a fresh representation on the present issue before the respondent No.4, an appropriate decision in accordance with law will be taken within a time frame. 3. Having heard learned counsel for the parties and keeping in view the nature of the prayer made in the present writ petition, without entering into the merit of the case, the petitioners are given liberty to prefer a fresh representation on the present issue before the respondent No.4. On receipt of the said representation, the respondent No.4, after providing an opportunity of hearing to the petitioners/their representatives, shall take an appropriate informed decision in accordance with law within six weeks from the date of filing of the said representation. 4. The present writ petition is accordingly disposed of with the aforesaid liberty and direction. Satish/- (RAJESH SHANKAR, J)