Shree Narayan Singh Vs Land Reforms And Revenue… — Writ and Judicial Review | Jharkhand HC (2024)

Shree Narayan Singh Vs Land Reforms And Revenue… — Writ and Judicial Review | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Direction to the respondents to ensure that Compensation Case No.01 of 1971-72 be disposed of expeditiously, preferably within six months from the date of receipt/production of the copy of the Judgment before the court concerned; no compensation quantum was fixed by this Court.

Issue for consideration

Whether the respondents should be directed to dispose of the long-pending Compensation Case No.1/1971-72 before the Collector, Munger, so as to secure adequate compensation to the petitioner under Sections 32 and 33 of the Bihar Land Reforms Act, 1950.

Court's answer

Since the case record of the compensation case has been traced out, the writ petition is disposed of with a direction to the respondents to ensure that Compensation Case No.01 of 1971-72 be disposed of expeditiously, preferably within a period of six months from the date of receipt/production of the copy of the Judgment before the court concerned.

Detailed headnote1 paragraphs

W.P.(C) No.229 of 2017, High Court of Jharkhand at Ranchi (Anil Kumar Choudhary, J.), decided 09.01.2024. Filed under Article 226 & 227 of the Constitution, the petitioner Shree Narayan Singh prayed for adequate compensation in terms of the Bihar Land Reforms Act, 1950 under Section 32 and for disposal of Compensation Case No.1/1971-72, pending before respondent No.2, Collector, Munger, under Section 33 of the said Act. Interim developments noted: Order No.08 dated 14.02.2022 in this writ petition; counter affidavit of the Deputy Collector, Land Reforms, Munger confirming the case record had been traced out; and paragraph no.6 of the supplementary counter affidavit of respondent no.3 (styled Deputy Commissioner, Koderma) confirming the case was received and forwarded to Additional Collector, Koderma. Holding: the writ petition was disposed of with a direction to the respondents to ensure disposal of Compensation Case No.01 of 1971-72 expeditiously, preferably within six months of receipt/production of the judgment copy. No compensation amount was fixed and no precedent case was cited.

1 W.P. (C) No.229 of 2017

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 229 of 2017

Shree Narayan Singh, son of Late Babu Raghubar Narayan Singh, resident of Dalip Mahal, Mohalla Purabsarai, P.O.-Munger, P.S.Kotwali, Dist.- Munger (Bihar)

.... Petitioner

Versus

The State of Jharkhand through the Principal Secretary, Department of Revenue & Land Reforms Project Building, At & P.O.- Dhurwa, P.S.- Jagarnathpur, Dist.- Ranchi

Collector, Munger, P.O. & P.S.- Munger, Dist.- Munger, Bihar

The Collector, Koderma (Jharkhand), P.O. & P.S.- Koderma, Dist.- Koderma

The Additional District Magistrate, Koderma, P.O. & P.S.Koderma, Dist.- Koderma

The State of Bihar, through the Principal Secretary, Department of Revenue & Land Reforms, Old Secretariat, P.O.- G.P.O., P.S.Sachiwalaya, Dist.- Patna (Bihar)

…. Respondents

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Uday Singh, Sr. Advocate : Mr. Sunil Kr. Mahto, Advocate For the Respondents : Mr. Sanjay Kr. Tiwari, SC -I

By the Court:-

Heard the parties.

This writ petition has been filed under Article 226 & 227 of the Constitution of India with a prayer to grant adequate compensation in terms of the Bihar Land Reforms Act, 1950 in exercise of the power under Section 32 of the said Act and to dispose of Compensation Case No.1/1971-72 pending before the

2

W.P. (C) No.229 of 2017

respondent No.2- Collector, Munger under Section 33 of the said Act.

It is submitted by the learned counsel for the petitioner by drawing attention of this Court to the Order No.08 dated 14.02.2022 passed in this writ petition that the Deputy Collector, Land Reforms Munger has filed counter affidavit intimating that the record of Compensation Case No.01-1971-72 has been traced out.

Drawing attention of this Court to paragraph no.6 of the supplementary counter affidavit filed by the respondent no.3Deputy Commissioner, Koderma, it is submitted by the learned counsel for the petitioner that the compensation case has been received and has been sent to Additional Collector, Koderma for further action.

Having heard the submissions made at the Bar and after going through the material in the record as well as the considering the aforesaid facts, since the case record of the compensation case has been traced out, this writ petition is disposed of with a direction to the respondents to ensure that the Compensation Case No.01 of 1971-72 be disposed of expeditiously preferably within a period of six months from the date of receipt/production of the copy of this Judgment before the court concerned.

(Anil Kumar Choudhary, J.)

High Court of Jharkhand, Ranchi Dated the 9^th January, 2024 AFR/Sonu-Gunjan/-