MASIH PRAKASH XAXA v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVT. OF JHARKHAND
WPC/3638/2026 · 2026-05-14
Sri Ananda Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11959 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11959 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:14939
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 3638 of 2026
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1. Masih Prakash Xaxa, aged about 73 years.
2. Patras Xaxa, aged about 61 years.
3. Abraham Xaxa, aged about 48 years.
4. Manuel Xaxa, aged about 62 years.
All are sons of Late Lut Xaxa, resident of Village Raghunathpur, P.O. Parsa, P.S. Raidih, District Gumla, Jharkhand.
.... Petitioner(s).
Versus
1. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, having its office at Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi
2. The Deputy Commissioner, Gumla, P.O. and P.S. Gumla, District Gumla, Jharkhand.
3. The Competent Authority-cum-District Land Acquisition Officer, Gumla, P.O. and P.S. Gumla, District Gumla, Jharkhand.
4. The Project Director, National Highway Authority of India, having its office at Ashok Nagar, P.O. and P.S. Argora, District Ranchi, Jharkhand.
5. Binko Kerketta, daughter of Kewra Oraon.
6. Eden Ebline Tirkey daughter of Late Vilchen Khakha.
7. Anima Minz, daughter of Late Vilchen Khakha.
Sl. Nos. 5 to 7, all are residents of Village Raghunathpur, P.O. Parsa, P.S. Raidih, District Gumla, Jharkhand.
… Respondents.
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CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Yogendra Prasad, Advocate For the Respondents : Mrs. Sweety Topno, Advocate
Mr. S. Gupta, AC to AAG-III
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02/ 14.05.2026: It is the grievance of the petitioners that the land, which has been acquired belongs to the petitioners, but the compensation has been paid to the respondent Nos. 5 to 7, who are not entitled to receive the same and they have no connection with the said land.
2.
Learned counsel for the petitioners submits that the petitioners have already filed an application before the Deputy Commissioner, Gumla and the Land Acquisition Officer, Gumla but no action has been taken in terms of the National Highways Act.
3.
Learned counsel appearing on behalf of the respondent-National Highways Authority submits that the petitioners have alternative remedy under the National Highways Act by invoking the provisions under Section
3(H)(4) of the National Highways Act.
4. Considering the said submissions, I direct the petitioners to file a fresh representation annexing a copy of this order within a period of four weeks from today before the Deputy Commissioner, Gumla and the District Land Acquisition Officer Gumla.
5. The Deputy Commissioner, Gumla and the Land Acquisition Officer, Gumla is directed to look into the grievance of the petitioners and if the petitioners have raised a dispute, the same must be referred in terms of Section 3 (H)(4) of the National Highways Act without any delay.
6. It is expected that the decision will be taken within a period of four weeks thereafter.
7. With the aforesaid observations and directions, this writ petition is
disposed of.
(ANANDA SEN, J.) 14th May, 2026 Madhav/- Uploaded on:16/05/2026
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