Disposed¶22

Pradeep Pandey v. the State of Jharkhand

Land Acquisition – Jharkhand

Jharkhand HC27 Aug 2024WPC/3446/2024

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What is this about?

W.P.(C) No. 3446 of 2024, High Court of Jharkhand (Sanjay Kumar Dwivedi, J.), decided 27.08.2024. Keywords: land acquisition; road widening; irrigation well; compensation; Mauza Tiljori Khata 35 Daag 1156; Deoghar; Land Acquisition Officer; representation undecided; fresh application; reasoned order after enquiry; government-funded well objection; disposal with directions; no quantum awarded; no precedent discussed.

What did the court decide?

Petition disposed of with a direction to the petitioner to file a fresh application within two weeks on the same prayer, and to the concerned Land Acquisition Officer, Deoghar to make enquiry and pass a reasoned order thereon within six weeks thereafter; no substantive declaration on inclusion of the well or quantum of compensation was made by the Court. ¶22

Pradeep Pandey Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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W.P.(C) No. 3446 of 2024

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Pradeep Pandey, aged about 46 years, son of late Srikanth Pandey, r/o Tiljori, Panchayat Bhojpur PO Bhojpur, PS Devipur, Dist. Deoghar, Jharkhand .... Petitioner

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-- Versus --

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1) THE STATE OF JHARKHAND

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2) THE SECRETARY DEPTT OF LAND REFOMS AND REVENUE, OFFICE AT PROJECT BUILDING PO DHURWA PS JAGANNATHPUR DIST RANCHI JHARKHAND 3) THE DEPUTY COMMISSIONER DEOGHAR, PO PS AND DIST DEOGHAR JHARKHAND

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4) THE S D O DEOGHAR, PO PS AND DIST DEOGHAR JHARKHAND 5) DISTRICT RURAL DEVELOPMENT AGENCY DEOGHAR, PO PS AND DIST DEOGHAR JHARKHAND 6) THE DISTRICT LAND ACQUISITION OFFICER DEOGHAR, PO PS AND DIST DEOGHAR JHARKHAND

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7) THE CIRCLE OFFICER DEVIPUR, PO PS DEVIPUR DIST DEOGHAR JHARKHAND .... Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--For the Petitioner :- Mr. Soumitra Baroi, Advocate For the State :- Ms. Rishi Bharti, Advocate ----

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2 /27.08.2024 Heard the learned counsel for the petitioner as well as the

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learned counsel for the respondent State.

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In this petition the prayer has been made for direction upon the concerned respondents to include the irrigation well at Mauza Tiljori 295 khata no.35, Daag no.1156 which has been constructed by the petitioner out of his own hard-earned money which has been acquired by the Land Acquisition Officer Deoghar for the purpose of road widening in the list of acquired properties and determine appropriate compensation for the same.

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The learned counsel for the petitioner submits that the said well is not being considered to be acquired on the account that it is a government funded well whereas the fact remains that the petitioner has

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constructed it for irrigation work and that is supported by annexure-8. He further submits that a representation has been filed and the concerned Land Acquisition Officer has not passed any order over it.

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The learned counsel for the respondent State submits that the Land Acquisition Officer Deoghar shall pass an appropriate order on such petition which is to be filed by the petitioner afresh.

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This petition is being disposed of directing the petitioner to file a fresh application within two weeks with regard to the prayer in the writ petition and the concerned Land Acquisition Officer will pass a reasoned order after making enquiry with regard to the dispute in question within six weeks further thereafter.

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W.P.(C) No.3446 of 2024 is accordingly disposed of.

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Pending petition if any also stands disposed of accordingly.

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( Sanjay Kumar Dwivedi, J.)

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SI/,

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Pradeep Pandey v. the State of Jharkhand

Case brief

What is this about?

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Pradeep Pandey v. the State of Jharkhand

Case brief

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