SUNITA DEVI v. THE STATE OF JHARKHAND THROUGH SECRETARY OF REVENUE DEPARTMENT
WPC/7224/2025 · 2026-01-12
Rajesh Kumar
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 9712 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9712 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:645
1 W.P.(C) No. 7224 of 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 7224 of 2025
Sunita Devi Aged about 47 years W/O Late Dilip Agrawal, Resident of Khatri Tola, Village + P.O.: Petarwar, P.S.: Petarbar, District: Bokaro .........Petitioner(s)
Vrs.
1. The State of Jharkhand through Secretary of Revenue Department, At Project Bhawan, Dhurwa, P.O. + P.S., Dhurwa, District- Ranchi, Jharkhand 2.The Deputy Commissioner, Bokaro, P.O. & P.S. Bokaro, District Bokaro 3.The Land Acquisition Officer, Bokaro, P.O. & P.S. Bokaro, District Bokaro 4.The Chairman, NHAI, Bokaro, P.O. & P.S. Bokaro, District Bokaro.
.......... Respondent(s)
…....
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner(s)
: Mr. Umesh Kr. Choubey, Advocate For the Resp.-State
: Mr. Amit Kr. Geasen, AC to AAG-IA
Ms. Ruchi Mukhi, AC to AAG-1A For the Resp.-NHAI
: Mrs. Sweety Topno, Advocate
Mr. Amrit Raj Kisku, Advocate
02/12.01.2026 The writ petition has been filed for the following relief(s):
“For issuance of an appropriate writ (s)/ Rules(s)/
order(s)/direction(s) or a writ in the nature of mandamus directing upon the respondents specially the respondent no. 2 & 3, the land acquisition officer Bokaro, for the payment of compensation of the land of the petitioners appertaining to Khata No. 67, Plot No. 541, measuring an area about .80 acre situated in Mauza, Itke, Anchal Office Petarwar, P.O. & P.S.: Petarwar, District: Bokaro, which has been acquired by the respondents under the project Bharat Mala Express Way, from Banaras to Kolkatta. AND For issuance of rent receipts of the land of aforesaid Khata and plot which has been withheld by the respondents for no reasons.”.
2. The description of the land is as follows:
“Land of the petitioners appertaining to Khata No. 67, Plot No. 541, measuring an area about .80 acre
2026:JHHC:645
2 W.P.(C) No. 7224 of 2025
situated in Mauza, Itke, Anchal Office Petarwar, P.O. & P.S.: Petarwar, District: Bokaro”
3. Petitioner in his favour has produced the sale deed and the mutation. The Government has filed counter affidavit and they have annexed extract of Khatian.
4. Thus, there is contradictory evidence regarding the title and possession, which is in the nature of civil dispute and for resolving the same under the National Highways Act,1956 provision has been made under Section 3H(4), which reads as under:
“3H(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the disputes to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.”
5. In that view of the matter, the matter is remitted to the respondent no.3 who is the Competent Authority for Land Acquisition (CALA) for reference for proper adjudication of the dispute, within a period of four weeks from the date of receipt / production of copy of the order.
6. With the aforesaid observation and direction, the writ petition stands disposed of.
(Rajesh Kumar, J.) 12.01.2026 A. Mohanty Uploaded
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