Disposed

Ragho Singh v. the State of Jharkhand through the Chief Secretary and Ors.

Jharkhand HC7 Aug 2019WPC/616/2015

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What is this about?

The High Court of Jharkhand disposed of a writ petition seeking a direction to decide a representation relating to a threat of land acquisition. The court permitted the petitioner to file a fresh representation with a directive to the Deputy Commissioner to decide it within 8 weeks if the threat persists.

What did the court decide?

Disposed with liberty to prefer fresh representation before Deputy Commissioner, Gumla, to be considered expeditiously within 8 weeks if threat exists.

Ragho Singh Vs the State of Jharkhand through the Chief… — Land Acquisition | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 616 of 2015

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--Ragho Singh .... Petitioner Versus The State of Jharkhand & others … Respondents

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CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioner : Mr. S. N. Das, Advocate For the Respondents : Mrs. Jyoti Nayan, A.C. to G.P. VI

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Order No. 05 Dated 07^th August, 2019

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Heard Mr. S. N. Das, learned counsel for the petitioner and Mrs. Jyoti Nayan, learned A.C. to G.P. VI for the respondents State.

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The petitioner in this writ application has prayed for a direction upon the respondents to decide the representation filed by the petitioner since the landed property of the petitioner is going to be otherwise acquired by the antisocial elements.

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The petitioner claims that a piece of land which is situated at Gumla having Khata No. 96j, Plot No. 1501, measuring an area of 1.58 acres was recorded as per revisional survey of record in favour of one Harkhu Singh, who is the maternal grandfather of the petitioner. The petitioner claims that he is the sole legal heir of Harkhu Singh in whose favour Jamabandi has been running since long. An application was preferred by the daughter of late Harkhu Singh for mutating the land in her favour after death of her father in which an enquiry was conducted and a recommendation was made for mutating the land in favour of daughter of Harkhu Singh, namely, Sita Devi, who is the Jamabandi raiyat.

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It is the case of the petitioner that in connivance with some antisocial elements the concerned authorities were trying to construct a boundary wall over the land in question in violation of rules and procedure for which the petitioner has represented before the Deputy Commissioner, Gumla (respondent No. 2).

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It has been stated by learned counsel for the petitioner that the representation of the petitioner has not all been considered by the respondent authorities.

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No counter affidavit has been filed by the respondent No. 2.

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Considering the limited prayer made by the petitioner, this writ petition stands disposed of with a liberty to the petitioner to prefer a fresh representation before the Deputy Commissioner, Gumla, if the threat perception is still in existence. If such representation is preferred by the petitioner, the Deputy Commissioner, Gumla shall appropriately consider the same and deal with the same in accordance with law expeditiously and preferably within a period of 8 weeks from the date of receipt of such representation.

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This writ application is accordingly disposed of.

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(RONGON MUKHOPADHYAY, J.)

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Ragho Singh v. the State of Jharkhand through the Chief Secretary and Ors.

Case brief

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Ragho Singh v. the State of Jharkhand through the Chief Secretary and Ors.

Case brief

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