Disposed

Arun Kumar Sinha v. the State of Jharkhand

Jharkhand HC20 Jan 2021WPC/2671/2020

Case brief

AI extract

What is this about?

This writ petition sought directions for sharing land acquisition compensation based on genealogy corrections. The High Court declined merits and directed the petitioner to submit a fresh representation to the District Land Acquisition Officer for a factual examination and decision within four months.

What did the court decide?

Liberty to file fresh representation before Respondent No. 4 and a direction to decide within four months; petition disposed.

Arun Kumar Sinha Vs the State of Jharkhand — Land Acquisition | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 2671 of 2020

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Arun Kumar Sinha ….. Petitioner

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Versus

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The State of Jharkhand

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The Deputy Commissioner, Sahibganj

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The Sub-Divisional Officer, Sahibganj

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The District Land Acquisition Officer, Sahibganj

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The Circle Officer, Taljhari, Sahibganj

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The Circle Officer, Borio, Sahibganj

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The Village Headman, Gram Panchayat Bari Bhagiwamari, Sahibganj

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Ganesh Lal 9. Umesh Lal 10. Ramesh Lal 11. Bhuneshwar Lal 12. Baleshwar Lal 13. Suresh Lal ….. Respondents ----- CORAM

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HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioner: Mr. P. K. Choudhary For the State: Mr. Devesh Krishna, S.C (Mines)-III -----

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03/20.01.2021 The case is taken up through Video Conferencing.

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The remaining defect pointed out by the office is ignored.

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The present writ petition has been filed for issuance of direction upon the

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respondents to give 1/3^rd share of the monetary compensation with respect to the land appertaining to Khata No. 3, Plot No. 106, Mouza-Sotichoki Khuthari, P.S-Jirwabari, Circle-Borio, District-Sahibganj, measuring an area of 1.76 Acres which has been acquired by the Government for construction of an Equipment Park after making necessary correction in the genealogical table as according to the petitioner, he is the son of the deceased daughter of Late Amir Chandra Lal (original Raiyat of the land) and his name has been deleted at the instance of the respondent Nos. 8 to 13 with malafide intention to grab 1/3^rd share of the petitioner.

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Mr. Devesh Krishna, learned S.C (Mines)-III appearing on behalf of the State-respondents, submits that the present matter requires to be factually examined at an appropriate level. Hence, if the petitioner prefers a fresh representation before the respondent No.4 on the present issue, an informed decision will be taken by the said respondent.

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Having heard learned counsel for the parties and keeping in view the nature of the prayer made in the present writ petition, without entering into the merit of the case, the petitioner is given liberty to prefer a fresh representation before the respondent No.4 on the present issue. On receipt of such representation, the respondent No.4, after providing due opportunity of hearing to all the concerned parties, shall take an appropriate informed decision within a time frame preferably within a period of four months from the date of filing of the said representation.

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The present writ petition is accordingly disposed of with the aforesaid liberty and direction.

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Consequently, I.A. No. 5985/2020 also stands disposed of.

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(RAJESH SHANKAR, J)

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Satish/-

Arun Kumar Sinha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Arun Kumar Sinha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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