This order dismissed multiple writ petitions filed by landowners seeking a direction to stop the State from allotting acquired agricultural land to industrialists for small-scale industries, relying on a precedent dismissing similar relief.
Petitioner's applications for direction to stop allotment of acquired land were rejected.
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.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.616 of 2020 With W.P. (C) No.615 of 2020 With W.P. (C) No.617 of 2020 With W.P. (C) No.618 of 2020 With W.P. (C) No.621 of 2020 With W.P. (C) No.622 of 2020 With W.P. (C) No.630 of 2020
Lachhman Mandal .......... Petitioner. [In W.P.(C) No.616/2020] Subhash Prasad Yadav .......... Petitioner. [In W.P.(C) No.615/2020] Md. Izhar Alam .......... Petitioner. [In W.P.(C) No.617/2020] Mahaveer Mandal .......... Petitioner. [In W.P.(C) No.618/2020] Sanjeev Kumar Yadav .......... Petitioner. [In W.P.(C) No.621/2020] Kamdev Mandal .......... Petitioner. [In W.P.(C) No.622/2020] Baldev Kol .......... Petitioner. [In W.P.(C) No.630/2020] -Versus-
.......... Respondents. [In all cases]
----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioners : Md. M. Khan, Advocate [In all cases] For State : Mr. Rakesh Kumar Roy, A.C. to G.A.III [In all cases] ----- Order No.10 Date: 23.03.2023
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.11,
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plot no.443, measuring an area of 3.93 acres, Mouja Kokhara, Thana no.176, P.S. & Circle Devipur, District Deoghar, for the purpose of opening Small Scale Industries by the industrialists.
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plot nos.430, 431, 432 & 433, measuring an area of 1.83 acres, Mouja Kokhara, Thana no.176, P.S. & Circle Devipur, District Deoghar, for the purpose of opening Small Scale Industries by the industrialists.
“ “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
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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.”
(Rajesh Shankar, J.)
Sanjay/
2 issues framed by the court
Whether to issue direction to stop allotment/handing over possession of acquired agricultural land for industrial purposes.
Whether the State of Jharkhand is justified in utilizing acquired land for industrial development.
Colour shows how this judgement treated each authority
Sahdev Prasad Yadav & Ors. Vs. The State of Jharkhand & Ors.Followed¶27
W.P.(C) No.1145 of 2020 (Sahdev Prasad Yadav & Ors. Vs. The State of Jharkhand & Ors.)
Lachhman Mandal
Subhash Prasad Yadav
Md. Izhar Alam
Mahaveer Mandal
Sanjeev Kumar Yadav
Kamdev Mandal
RAJESH SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
