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High Court of Jharkhand · body

2025 DAILYLAW 8953 (JHR)

MUNIYA DEVI v. THE STATE OF JHARKHAND THROUGH THE SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS

WPC/1657/2025 · 2025-04-07

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:10628 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1657 of 2025 ----- Muniya Devi, W/o Late Bhuneshwar Bhuiyan, Village Kabra, P.O. & P.S. Tandwa, District Chatra. .......... Petitioner. -Versus- 1. The State of Jharkhand, through the Secretary, Department of Revenue and Land Reforms, Government of Jharkhand, Ranchi. 2. The Deputy Commissioner, Chatra. 3. The Additional Collector, Chatra. 4. The District Land Acquisition Officer, Chatra. 5. The Circle Officer, Tandwa, District Chatra. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Rajiv N. Prasad, Advocate For the State : Mrs. Sweta Shukla, AC to AAG-II ----- Order No.02 Date: 07.04.2025 1. Learned counsel for the petitioner prays for and is allowed to amend the description of the petitioner’s husband in the cause title of the writ petition. 2. The present writ petition has been filed for issuance of direction upon the concerned respondents to pay compensation to the petitioner for acquisition of the land appertaining to plot no.173/12 measuring an area of 01.00 acre, under Khata no.22, Mouja Kabra, P.S. Tandwa, District Chatra for construction of New B. G. Railway Line. 3. Learned counsel for the petitioner submits that the petitioner’s husband- Late Bhuneshwar Bhuiyan was descendant of the Jamabandi Raiyat of various plots including plot no.173/10, measuring an area of 01.00 acre; and plot no.173/12 measuring an area of 01.00 acre, under Khata no.22, Mouja Kabra, P.S. Tandwa, District Chatra, which were acquired for construction of 2025:JHHC:10628 2 New B. G. Railway Line. The petitioner was in possession of the said land and had paid rent to the Government till 2021. Land possession certificate was also issued to her by the Circle Officer, Tandwa- respondent no.5 vide letter no.103 dated 7th September, 2017. 4. It is further submitted that subsequent to notice issued for acquisition of the said land, L.A. Case No.2 of 2015-16 was initiated and notice was issued to the petitioner’s husband, namely, Bhuneshwar Bhuiyan with respect to plot no.173/10 as well as plot no.173/12. Though the payment of compensation of Rs.10,00,441/- with respect to acquisition of plot no.173/10 was made to the petitioner’s husband vide cheque no.055489 dated 30th December, 2015, however, no payment of compensation with respect to acquisition of plot no.173/12 was made. Subsequently, after verification of the record, a meeting under the chairmanship of Additional Collector, Chatra was held on 22nd June, 2018 and it was decided to grant “Raiyati Manayata” with respect to plot no.173/12 in favour of petitioner’s husband- Late Bhuneshwar Bhuiyan. Despite the said fact, payment of compensation with respect to acquisition of plot no.173/12 has not been made to the petitioner. Under the said compelling circumstance, the petitioner has filed the present writ petition. 5. Mrs. Sweta Shukla, learned A.C. to A.A.G.II appearing on behalf of the respondents submits that if the petitioner prefers a fresh representation on the present issue before the competent 2025:JHHC:10628 3 authority i.e. respondent no.4, an appropriate decision will be taken in accordance with law within a timeframe. 6. Having heard learned counsel for the parties and considering the nature of prayer made in the writ petition, without entering into merit of the case, the petitioner is 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 verifying relevant records of the case and on providing an opportunity of hearing to the petitioner/her representative, shall take appropriate informed decision in accordance with law within six weeks from the date of filing of the representation. 7. The writ petition is disposed of with the aforesaid liberty and direction. (Rajesh Shankar, J.) Sanjay/