Disposed

Vijay Ram and Ors. v. the State of Jharkhand and Ors.

Jharkhand HC6 Nov 2019WPC/3584/2014

Case brief

AI extract

What is this about?

The High Court declined to adjudicate the writ petition regarding land acquisition compensation. Instead, it directed the respondents to permit representations before the Commissioner, North Chotanagpur Division, who must pass a reasoned order after hearing the parties. The writ petition was disposed with this direction.

What did the court decide?

Liberty granted to petitioners to make detailed representations to the Commissioner, North Chotanagpur Division, to determine their claim for rent receipt and compensation.

Vijay Ram and Ors. Vs the State of Jharkhand and Ors. — Land Acquisition | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No.-3584 of 2014

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Vijay Ram

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Roushan Ram

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Chhotan Verma

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Santosh Kumar

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Shailesh Kumar

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…Petitioners

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-V e r s u s-

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The State of Jharkhand

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The Deputy Commissioner, Ramgarh

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The Land Acquisition Officer, Ramgarh

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The Circle Officer, Ramgarh Cantt, Ramgarh

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The Jharkhand State Electricity Board, Ranchi through its General Manager

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6.The Electrical Executive Engineer, Electrical Supply Division, Ramgarh

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The Commissioner, North Chotanagpur Division, Hazaribagh

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…Respondents

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CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioners :- Ms. Kirti Saboo, Advocate For the Respondents :- Mr. Navin Kumar, G.P. IV Ms. Sweta Kumari, AC to GP IV Abhijeet Kumar Singh, Advocate

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Order No.-03 Dated: 06.11.2019

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Learned counsel for the petitioners prays for and is permitted to add ‘The Commissioner, North Chotanagpur Division, Hazaribagh’ as respondent no. 7 in the present writ petition.

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Let the necessary insertion in the cause title of the writ petition be made in course of the day.

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The present writ petition has been filed for issuance of direction upon the respondents to issue rent receipt in favour of the petitioners pertaining to Khata no. 160, plot no. 887 measuring an area of 12 decimals situated at village Ramgarh, Thana no. 82 which, according to the petitioners, is a khatiyani land. Further prayer has been made to pay adequate compensation to the petitioners for the acquired land pertaining to plot no. 888 measuring an area of 1.43 decimals, plot no. 889 measuring an area of 13 decimals and plot no. 890 measuring an area of 60 decimals under khata no. 160 at village Ramgarh.

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Heard learned counsel for the parties.

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Though a counter affidavit has been filed on behalf of the respondent nos. 2, 3 and 4 contesting the claim of the petitioners on merit, yet in my view, the claim of the petitioners requires to be determined by a competent authority on considering the facts involved therewith.

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Since, counter affidavit has been filed on behalf of the respondent nos. 2, 3 and 4, without entering into the merit of the case, the petitioners are given liberty to make representation(s) before the higher authority i.e. respondent no. 7- the Commissioner, North Chotanagpur Division, Hazaribagh, setting out their claim in detail. On receipt of the said representation(s), the respondent no. 7 after calling for the relevant records and on giving due opportunity of hearing to the petitioners, shall pass a reasoned order without any undue delay.

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The writ petition stands disposed of with the aforesaid direction.

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(Rajesh Shankar, J.)

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Ritesh

Vijay Ram and Ors. v. the State of Jharkhand and Ors.

Case brief

What is this about?

What did the court decide?

Vijay Ram and Ors. v. the State of Jharkhand and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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