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2026 DAILYLAW 10154 (JHR)

SMT RUPA NATH SHAHDEO ALIAS RUPA SHAHDEO v. STATE OF JHARKHAND

WPC/2203/2024 · 2026-02-05

Rajesh Kumar

Writ Petition (Civil)body2026

Judgment text

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2026:JHHC:3301 1 W.P.(C) No.2203 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2203 of 2024 ---- Smt. Rupa Nath Shahdeo alias Rupa Shahdeo, aged about 49 years, W/o Late Sri Dilip Nath Shahdeo, R/o Maharaja Chhotelal Bangala, Habsi Camp, Hehal, Near O.T C. Ground, P.O. Hehal, P.S. Sukhdeonagar, District Ranchi, Jharkhand, at present R/o Flat No.4/A, Rashmi Height Apartment, Itki Road, Hehal, P.S. Pandara O.P, Sukhdeonagar, District Ranchi, Jharkhand …. …. Petitioner -Versus- 1. The State of Jharkhand 2. Deputy Commissioner, Ranchi Collectorate Building, Kutchery Chowk, P.S. Kotwali, P.O. G.P.O, District Ranchi 3. Additional Collector, Ranchi, Collectorate Building, Kutchery Chowk, P.S. Kotwali, P.O. G.P.O., District Ranchi 4. Competent Authority (under Section 3 of the National Highway Act, 1956)- cum-District Land Acquisition Officer, officiating at Ranchi Collectorate Building, Kutchery Chowk, P.S. Kotwali, P.O. G.P.O District Ranchi 5. Circle Officer, Circle Hehal, Bandi Oraon Path, P.O Hehal, P.S Sukhdeo Nagar, District Ranchi 6. State Institute of Rural Development (SIRD) through its Director, Hehal, P.S. Pandara, Sukhdeonagar, Ranchi …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner : Mr. Pranay Kr. Sinha, Advocate For the Resp.-State : Mr. Manish Mishra,G.P.-V For the Resp.-NHAI : Mrs. Sweety Topno, Adv. ---- 14/Dated: 05th February, 2026 1. Heard learned counsel for the the parties. 2. In compliance of the order dated 15.01.206, Mr. K.K. Rajhans, District Land Acquisition Officer, Ranchi, is present before this Court. 3. The petitioner has approached this Court filed for the following reliefs:- “(a). for issuance of an appropriate Writ/Rule/Direction particularly a Writ in the nature of Mandamus for commanding the Respondents, specifically the Respondent No.4 to pay compensation to the Petitioner and her son Lal Yashwardhan Nath Shahdeo for the acquisition of their land of Plot No.43, under Khata No.176, measuring 0.2079 Acre, situated at Mauza Hehal, P.O. Hehal, P.S. Sukhdeonagar, District - Ranchi for the project of elevated 2026:JHHC:3301 2 W.P.(C) No.2203 of 2024 corridor/flyover from Jakir Hussain Park to Piska More, at Ranchi under Land Acquisition Case No.52/2018-19, hereinafter alluded as "the Impugned Amount of Compensation For the Land Acquired" brevitatis causa, as mentioned in two Awards (Annexure-13 and 13/1), both dated 16.01.2019, made under Section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013), along with statutory interest and other pecuniary benefits thereon since 16.01.2019 till the payment of the same to the petitioner and her son. (b). for issuance of an appropriate Writ/Rule/Direction particularly a Writ in the nature of Mandamus for commanding the Respondents to pay damages to the Petitioner for excruciating torment and financial disaster suffered by her because of the non-performance of the mandatory public duties by the Respondents.” 2. The description of land is as follows:- “Land appertaining to Plot No.43, under Khata No.176, Measuring 0.2079 Acre, Situated at Mauza-Hehal, Thana No.203 P.O Hehal, P.S. Sukhdeonagar, District- Ranchi.” 3. The Awardee is the State Institute of Rural Development (S.I.R.D), but the petitioner has raised the claim that she has also claimed over the said piece of property. An application has been made for correction of the name of the Awardee. The present proceedings are under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Section 76 of the said Act is relevant, which is quoted herein below:- “76. Dispute as to apportionment.–When the amount of compensation has been settled, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such disputes to the Authority.” 4. Since the law itself mandates to a particular procedure and that has to be followed. 2026:JHHC:3301 3 W.P.(C) No.2203 of 2024 5. In that view of the matter, the present writ petition is hereby, disposed of directing the concerned District Land Acquisition Officer to refer the matter as per the mandate of the Act to the Competent Authority for determination of the rights of the parties. 6. It is hereby, clarified that the authority is supposed to mention his capacity under a particular law in every proceedings, notice or Award concerning the Land Acquisition because the cases are coming where there are confusion to the petitioner and clarity is not there. 7. To avoid this, respondents are directed to mention their status, vis-a-vis law under which they are exercising their power. 8. Let a copy of this order be communicated to the Secretary, Department of Revenue, Registration & Land Reforms, Government of Jharkhand, for direction to issue circular to that effect. (Rajesh Kumar, J.) 04th February, 2026 Raja/- Uploaded on 10.02.2026