Disposed

Ghujeshwar Bedia v. State of Jharkhand And Ors.

Jharkhand HC7 Aug 2019WPC/724/2010

Case brief

AI extract

What is this about?

Petitioner sought a writ to stop NAREGA road construction on his ancestral agricultural land and claimed compensation. Respondents submitted a supplementary affidavit stating fresh measurement redressed the grievance. The court held nothing survived and disposed of the application.

What did the court decide?

No substantive relief was granted as the application was disposed of due to satisfaction of grievances via fresh measurement.

Ghujeshwar Bedia Vs 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. 724 of 2010

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Ghujeshwar Bedia … … Petitioner

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Versus

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The State of Jharkhand

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Deputy Commissioner, Ramgarh Office of Deputy Commissioner, Ramgarh

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Executive Engineer, Rural Engineering Organisation, Office of Rural Engineering Organisation Works Division, Ramgarh

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Block Development Officer, Ramgarh Office of Block Development …

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Officer, Ramgarh Block, Ramgarh … Respondents

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioner : Dr. H. Waris, Advocate For the Respondents : Mr. Ashok Kumar Singh, A.C. to S.C. (L&C) I

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6/07.08.2019 Heard Dr. H. Waris, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned A.C. to S.C. (L&C) I for the State.

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The prayer in this writ application is for a direction to the respondents to forthwith stop the construction of Grade I road under NAREGA scheme through the middle of the ancestral raiyati agricultural land of the petitioner appertaining to Khata No. 69, Plot No. 134 Area 1.80 Acres and Plot No. 115, Area 1.20 Acres, total area 3 Acres situated in village Chetar, PS Ramgarh, Distt. Ramgarh and to remove all materials of construction from the said land and compensate the petitioner for the damage on account of said unauthorized construction.

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The petitioner in this writ application has averred that the land in question was settled to the ancestors of the petitioner – Aklu Bedia by the Ex-landlord in the year 1935 through Hukumnama and since then the ancestors of the petitioner as well as the petitioner has come in possession of the same. It has further been stated that a construction of the Grade I road was carried out in June 2009, through the middle of the raiyati land of the petitioner for which the petitioner has represented the authorities, but of no avail.

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A counter affidavit has been filed by the respondents in which the claim of the petitioner has been denied. However, a supplementary

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counter affidavit has been filed on behalf of respondent no. 1 to 4 from which it appears that a fresh measurement was carried out and the petitioner was satisfied that the construction work of the road was not within his raiyati land and to that effect the petitioner has also communicated to the Deputy Commissioner, Ramgarh. In view of the fact that on re-measurement, the grievance of the petitioner has been redressed and his objection has been laid to rest, nothing survives in the present writ application in view of the statement made in the supplementary counter affidavit.

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Accordingly, this writ application stands disposed of.

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(Rongon Mukhopadhyay, J)

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R Shekhar Cp 2

Ghujeshwar Bedia v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Ghujeshwar Bedia v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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