Petitioner sought directions to stop allotment of acquired irrigated land for Small Scale Industries. The Court dismissed the petition by reference to a coordinate bench decision that had already rejected similar claims.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.1073 of 2020
Maldhari Ramani .......... Petitioner.
-Versus-
.......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. Niranjan Kumar, Advocate For the State : Mr. Ankit Kumar, A.C. to G.P.VI -----
Order No.07 Date: 15.03.2023
The present writ petition has been filed for issuance of direction upon the respondent no.3 to stop allotment/handing over the possession of irrigated multi-cropped land of Jamabandi holders/ raiyats including that of the petitioner and his co-sharers, appertaining to J.B. no.18, plot nos.88, 89, 90, 92, 93, 102 and 103, measuring an area of 0.98 acre, Mouja Shankarpur, Thana no.298, P.S. & Circle Devipur, District Deoghar, for the purpose of opening Small Scale Industries by the industrialists as communicated to the petitioner and his co-sharers vide notice dated 14th September, 2015 issued by the respondent no.5, which has been received by the petitioner with objection on 17th September, 2015.
Reference may be made to the order dated 23rd November,
2021, which reads as under:-
“Heard learned counsel for the petitioner for a while. It appears that the petitioner has filed his objection on
11.02.2020 before the Circle Officer, Devipur (the respondent no. 6) in terms with notice dated 04.02.2020 (Annexure-4 to the writ petition) issued by the said respondent for consideration of the same by the four-members inquiry committee under the chairmanship of the Additional Collector, Deoghar, constituted by the Deputy Commissioner-cum-District Magistrate, Deoghar (the respondent no. 3) vide order no. 02/2020 as contained in memo no. 180 dated 24.01.2020.
-2-
Though a counter affidavit has been filed on behalf of the respondent no. 6, yet it has not been stated as to whether any report has been submitted by the said four-members inquiry committee constituted by the respondent no. 3. Hence, let a supplementary counter affidavit be filed by the respondent no. 3 on the aforesaid point within four weeks. Put up this case in the 3rd week of January, 2022 under the heading “For Admission”.”
Mr. Ankit Kumar, learned A.C. to G.P.VI appearing on behalf of
the respondents refers to the supplementary counter affidavit filed on behalf of the respondent no.3 and submits that in pursuance of the order dated 23rd November, 2021 passed in the present case, fourmembers committee under the Chairmanship of Additional Collector, Deoghar reconsidered the matter and passed the order as contained in memo no.1646 dated 9th October, 2021. It would be evident from the order dated 9th October, 2021 passed by the said Committee that the petitioner’s claim has been taken into consideration on the basis of the report of the District Land Acquisition Officer, Deoghar. The lands of Mouja- Utimpur, Chhotarajasar, Sultanpur, Ramsagar, Rampur, Khirwatari, Shankarpur, Gidhaiya, Yograichhorant and Kokahra were acquired by the respondent no.5 for Industrial Area Development Authority, Devipur. The compensation in lieu of acquisition of land was paid to the concerned raiyats and the possession of the land was also given to the District Industries Centre, Deoghar, which is at present under JIADA.
Learned counsel for the respondents further submits that a writ petition being W.P.(C) No.1145 of 2020 (Sahdev Prasad Yadav & Ors. Vs. The State of Jharkhand & Ors.) involving similar issue has already been dismissed by a co-ordinate Bench of this Court vide order dated 9th November, 2022.
Heard learned counsel for the parties and perused the order dated 9th November, 2022 passed by a co-ordinate Bench of this Court
-3-
in W.P.(C) No.1145 of 2020, the relevant part of which reads as
under:-
“Learned counsel for the respondent Nos.1 to 3 Mr. Pradeep Kumar, AC to AAG-IV has submitted, that once a land has been acquired by the State, it is upon the State to utilize it for any other purposes.
Learned counsel for the respondent no.4, Mr. R.C. P. Sah has submitted, that the land has been acquired for the purpose of industrial area and the same is being granted to the entrepreneur for development of industries, as such the land which has been acquired by Land Acquisition Case No. 07/2009-10 cannot be returned to the petitioners at any cost.
Considering the submissions of the learned counsel for the parties, the writ petition is hereby dismissed as the land has been rightly acquired by the State and is being used, in view of the Hon'ble Supreme Court judgment, for development of industrial growth in the State of Jharkhand.
Accordingly, the writ petition is hereby dismissed.”
Since the present writ petition involves similar issue as raised
in W.P.(C) No.1145 of 2020 which has already been dismissed by a coordinate Bench of this Court vide order dated 9th November, 2022, the present writ petition is also dismissed in terms with the said order.
(Rajesh Shankar, J.)
Sanjay/
1 issue framed by the court
Whether the writ petition should be dismissed by following a coordinate bench decision on a similar issue of land acquisition for industrial purposes.
Colour shows how this judgement treated each authority
Sahdev Prasad Yadav & Ors. Vs. The State of Jharkhand & Ors.Referred¶34
W.P.(C) No.1145 of 2020 (Sahdev Prasad Yadav & Ors. Vs. The State of Jharkhand & Ors.)
Maldhari Ramani
State of Jharkhand
The Secretary, Department of Land & Revenue, Government of Jharkhand, Ranchi
The Deputy Commissioner, Deoghar
The Sub Divisional Officer, Deoghar
The District Land Acquisition Officer, Deoghar
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
