Remanded

Asir Khan And Anr. v. State Of Jharkhand And Ors.

Jharkhand HC11 Jul 2019WPC/616/2017

Case brief

AI extract

What is this about?

The High Court held that the District Land Acquisition Officer denied the petitioners' title claim without providing a hearing. The matter was remanded to the authority to adjudicate the claim afresh after calling the record and granting an opportunity to present documents.

What did the court decide?

The District Land Acquisition Officer, Latehar is directed to decide the claim within three months after recording statements and requiring a counter representation from respondents.

Asir Khan And Anr. Vs State Of Jharkhand And Ors. — Land Acquisition | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 616 of 2017

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Asir Khan

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Moffil Khan …. Petitioners.

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Versus

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State of Jharkhand

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Deputy Commissioner, Latehar

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District Land Office, Latehar ….. Respondents

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD For the Petitioner : Mr. Sidhartha Roy, Advocate For the Respondents : Mr. Ashwini Bhushan, A.C. to Sr. S.C.-III ---------

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07/11.07.2019 This writ petition is under Article 226 of the Constitution of India whereby and whereunder the part of the order dated 10.12.2016 passed by the District Land Acquisition Officer, Latehar has been assailed.

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It is a case of the petitioners that the land in question has been transferred by virtue of Hukumnama by the then Zamindar-Lal Ugratara Nath Shahdeo in favour of the grandfather and father of the petitioners and the ancestors of the petitioners have been paying rent to the State Government immediately after the transfer of the said land in their favour and were also in peaceful possession. The said land was subjected to acquisition for laying the railway track and in pursuant thereto the plots pertaining to Khata No. 18 and 24 have been acquired. So far as the acquisition pertaining to Khata No. 18 is concerned the authorities have not disputed the entitlement of the petitioners and made payment of compensation but, so far as the land pertaining to Khata No. 24, plot no. 43, area 1.02 acres and plot no. 54 area 0.13 acres, total 1.15 acres has been found to be not having valid title of the petitioners over the land in question, therefore, the claim of the petitioners has been rejected.

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Grievance of the petitioners is that their title upon the land pertaining to Khata No. 24, plot nos. 43 and 54 have been rejected without providing any opportunity of hearing. The matter was heard on 27.03.2019 whereby and whereunder, the time was allowed to file counter affidavit on the prayer made on behalf of the learned Standing Counsel-III but, no counter affidavit has been filed.

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Since the matter is of the year 2017 therefore, this Court is disposing of the writ petition.

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The sole question raised by the learned counsel for the petitioners is that their claims of title over the land pertaining to Khata no. 24, plot nos. 43 and 54 has been denied without providing any opportunity of hearing therefore, this Court is of the view that the question of title can be denied but, subject to providing an opportunity of hearing to the petitioners, who are claiming title over the land in question and if no opportunity could be granted there will be miscarriage of justice and substantial right of the parties would be taken away.

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This Court, therefore, taking into consideration the aforesaid aspects of the matter is of the view that the matter needs to be remitted back to the District Land Acquisition Officer, Latehar who will hear the matter afresh regarding the claim of the petitioners over the land pertaining to Khata No. 24, plot nos. 43 and 54 and entering their name in Khatiyan.

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Accordingly, the District Land Acquisition Officer, Latehar is directed to decide the claim of the petitioners within a period of three months from the date of receipt of a copy of this order, which shall be presented by the petitioners by way of representation alongwith the order annexing the relevant documents in support of their claim within a period of two weeks from the date of receipt of a copy of this order.

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The District Land Acquisition Officer, Latehar will adjudicate upon the claim of the petitioners, on its own merits, by calling upon the record from the concerned revenue authority before taking such a decision. This writ petition is accordingly, disposed of.

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(Sujit Narayan Prasad, J.)

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Asir Khan And Anr. v. State Of Jharkhand And Ors.

Case brief

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Asir Khan And Anr. v. State Of Jharkhand And Ors.

Case brief

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