Disposed

Dukhan Lohra v. the State of Jharkhand

Jharkhand HC17 Nov 2022C.M.P./230/2022

Case brief

AI extract

What is this about?

The High Court disposed of a civil miscellaneous petition filed under Article 227 seeking direction to institute a suit over land allegedly acquired by the State. The Court held that civil courts lack jurisdiction over land acquisition disputes as Section 54 provides a complete scheme with appeals only to higher courts and constitutional remedies remain with High Courts and the Supreme Court.

What did the court decide?

The petition filed under Article 227 for direction to institute a suit was dismissed after upholding the non-maintainability of the civil suit regarding land acquisition.

Dukhan Lohra Vs the State of Jharkhand — Land Acquisition | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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C. M. P. No. 230 of 2022

Dukhan Lohra

… …. Petitioner

Versus

The State of Jharkhand

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The State of Bihar

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The Deputy Commissioner, Gumla

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The Circle Officer, Sisai, Gumla

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The Disrict Land Acquisition Officer, Gumla

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The Registrar, Civil Court, Ranchi

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The Registrar, Civil Court, Gumla

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… …. Opp. Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : M/s Aashish Kumar & Ritesh Kumar, Advocates For the State : Mr. Rakesh Kr. Shahi, AC to SC (L&C)-I

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Oral Order

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06 / Dated : 17.11.2022

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The instant civil misc. petition has been filed under Article 227 of the Constitution of India for direction upon opposite party no. 6 to institute the original suit of the petitioner in view of the liberty given to the petitioner in W.P. (C) No. 3404 of 2018 to approach the competent Court of civil jurisdiction to adjudicate the dispute.

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The brief fact leading to the present petition is that the petitioner is a resident of village Kudru, District Gumla and is in peaceful possession of the land under Khata No. 25, Plot No. 914, area 1.05 acres till the year 2017 and has regularly paid the rent to the State Government. On 09.08.2017 the petitioner was dispossessed by the District Administration saying that the said land had been acquired under the Land Acquisition Act, 1894. The petitioner filed a writ petition bearing W.P. (C) No. 3404 of 2018 and after hearing the parties, the same was disposed of by order dated 25.09.2019 granting liberty to the petitioner to approach the competent court of civil jurisdiction to adjudicate the dispute.

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In pursuance of the order, the petitioner filed Original Suit No. 06 of 2020 in which an order was passed on 26.08.2021 that the matter involved land acquisition in which Special Court of Ranchi Zone was created under Memo No. 6646 dated 23.11.2016. In the light of the order passed in Original Suit No. 06 of 2020 the petitioner approached the Civil Court, Ranchi for the relief for declaration of right, title, interest and possession over the suit land and

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declaration of the order and award of Land Acquisition Case No. 16/56-57 to be void, illegal and not biding upon the plaintiffs.

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It is submitted that the plaint of the said suit is not being accepted by the learned Court below.

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There is a specific provision of appeal under the Land Acquisition Act, 1894 under Section 54 which reads as under:

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Subject to the provi-sions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals from original decrees, and notwithstanding anything to the con-trary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court from the award, or from any part of the award, of the Court and from any decree of the High Court passed on such appeal as aforesaid an appeal shall lie to the 2[Supreme Court] subject to the provisions contained in section 110 of the Code of Civil Proce-dure, 1908, and in Order XLIV thereof.]

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It has been held in Laxmi Chand v. Gram Panchayat , (1996) 7 SCC 218 at page 220

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3. It would thus be clear that the scheme of the Act is complete in itself and thereby the jurisdiction of the civil court to take cognizance of the cases arising under the Act, by necessary implication, stood barred. The civil court thereby is devoid of jurisdiction to give declaration on the invalidity of the procedure contemplated under the Act. The only right an aggrieved person has is to approach the constitutional courts, viz., the High Court and the Supreme Court under their plenary power under Articles 226 and 136 respectively with self-imposed restrictions on their exercise of extraordinary power. Barring thereof, there is no power to the civil court.

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In view of the specific statutory provision, the suit shall not lie against the acquisition of land.

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(Gautam Kumar Choudhary, J . )

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AKT

Dukhan Lohra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dukhan Lohra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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