The High Court of Jharkhand permitted the withdrawal of a writ petition seeking compensation in lieu of land acquisition, dismissing it as withdrawn with liberty to pursue the dispute before the competent authority.
The writ petition was permitted to be withdrawn and dismissed as withdrawn, with liberty to approach the competent authority for redressal.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2861 of 2013
Chaya Bhandari ……… Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Dhanbad
3. The Land Acquisition Officer, Dhanbad
………. Respondents
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
--------For the Petitioner : Mr. Lukesh Kumar, Advocate For the Resp.-State : Mr. Suraj Prakash, AC to GP-II
05/08.03.2021 The matter has been taken up through video conferencing.
The instant writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the prayer has been made to grant compensation in lieu of acquisition of land.
Mr. Lukesh Kumar, learned counsel for the petitioner has submitted by referring to the order passed by the Coordinate Bench of this Court dated 22.02.2018 passed in W.P.(C) No.5242 of 2017, whereby and whereunder, the plea has been taken by the Acquisitioning Authority upon which the land in whose favour it has been acquired, raised an objection about commission of misrepresentation of facts.
It has further been submitted that the reference of land for which compensation has been sought for in this writ petition by the writ petitioner has also been raised.
In view thereof, it has been submitted by the learned counsel for the petitioner that he may be given liberty to pursue his dispute before the competent authority for redressal of his grievance in order to establish his title over the land in question.
Mr. Suraj Prakash, learned AC to GP-II appearing for the State of Jharkhand is having no objection in withdrawal of the aforesaid writ petition.
In view thereof, the instant writ petition is permitted to be withdrawn.
Accordingly, the writ petition is dismissed as withdrawn, however, reserving liberty upon the writ petitioner to approach before the competent authority for redressal of his grievance.
In consequent thereto, I.A.No.5480 of 2013 stands disposed of.
(Sujit Narayan Prasad, J.)
Rohit/-
1 issue framed by the court
Whether the writ petition should be dismissed as withdrawn with liberty to the petitioner to pursue the dispute before the competent authority.
1 provisions across 1 enactments
Chaya Bhandari
The State of Jharkhand
The Deputy Commissioner, Dhanbad
The Land Acquisition Officer, Dhanbad
Sujit Narayan Prasad
As recorded by the court registry
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