Dismissed¶34

Sunil Kumar And Ors. v. State Of Jharkhand And Ors.

Jharkhand HC11 Sept 2024WPC/4897/2017

Case brief

AI extract

What is this about?

Writ petition dismissed; land already acquired and compensation paid to petitioners' ancestors in 1960; land allocated to JIADA Ranchi Region 2017 and allotted to Matrix Designs and Industries Pvt. Ltd. 2017; Mouza Dardag, Ormanjhi, Ranchi; adjournment requests refused; Deputy Commissioner affidavit dated per order 07.08.2024; W.P.(C) No.4897 of 2017; High Court of Jharkhand; Justice Rajesh Kumar; decided 11th September 2024.

What did the court decide?

There are sufficient materials on record establishing that the land in question has already been acquired. ¶31

Sunil Kumar And Ors. Vs State Of Jharkhand And Ors. — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4897 of 2017

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Sunil Kumar son of Suraj Mahto;

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Muneshwar Mahto son of Rungu Mahto;

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Premchand Mahto son of Bhikhari Mahto;

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Brij Mohan Mahto son of Mangra Mahto;

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Rajendra Kumar Mahto son of Jhalku Mahto;

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Santu Mahto son of Kaleshwar Mahto;

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Vashirul Haque son of Shahadat Ansari; Petitioner No.1 to 7 are resident of village-Dardag, P.O.- Chakla, P.S.-Ormanjhi, District-Ranchi.

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Dhaneshwar Mahto son of Shivnath Mahto, resident of village Chetanbari, P.O.- Palu, P.S.-Ormanjhi, District-Ranchi. …… Petitioners

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Versus

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The State of Jharkhand.

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Deputy Commissioner, Ranchi, P.O.-G.P.O., P.S.Kotwali, District-Ranchi.

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District Land Acquisition Officer, Ranchi, P.O.G.P.O., P.S.- Kotwali, District-Ranchi.

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Circle Officer, Ormanjhi, P.O. and P.S.-Ormanjhi, District- Ranchi.

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District Garden (Agriculture) Officer, P.O. and P.S.Ormanjhi, District-Ranchi.

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Jharkhand Industrial Area Development Authority Ranchi, JIADA Bhawan, Fifth Floor, Namkum Industrial Area, Samlong, P.O. & P.S – Namkum, Dist. - Ranchi

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Regional Director, Jharkhand Industrial Area Development Authority, Ranchi.

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Matrix Designs and industries Pvt. Ltd. through its authorised representative Mr. Daya Nath Jha, Age 53, Son of Yogendra Jha, having its registered office at C/o matrix Clothing Company, Mohammadpur Khandsa Road, P.O. Narsinghpur, P.S. Sector 37, Gurugaon, District - Gurgaon …... Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. M. K. Mahto, Advocate For the Resps./State : Mr. Sanjay Kr. Tiwari, S.C.-I Mr. Ankit Kumar, A.C to S.C.-I For Resp. Nos.6 & 7 : Mr. C. A. Bardhan, Advocate For the Resp. No.8 : Mr. Vimal Kirti Singh, Advocate Mr. Ujjal Choudhary, Advocate Ms. Ahana Bharadwaj, Advocate Mr. Ayush Singh, Advocate

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---------

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14/Dated: 11th September, 2024

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1. Heard learned counsel for the parties.

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- 1 - W.P.(C) No.4897 of 2017

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2. The description of land is as follows :- “Mouza – Dardag, P.O. - Chakla, P.S. - Ormanjhi, Khat No.21, Plot No.137, 138, 139, Khata No.9, Plot No.139, 140, Khata No.34, Plot No.142, Khata No.27, Plot No.144, Khata No.51, Plot No.143, Khata No.4, Plot No.141, Khata No.57, Plot No.145 and Khata No.54, Plot No.146”

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3. The present writ petition has been filed by the petitioners claiming that the land, in question, has been utilized by the State without acquiring the land or at least without paying the compensation.

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4. Various affidavits have been filed in the matter. In pursuance of the last order of this Court dated 07.08.2024, an affidavit has been filed by the Deputy Commissioner, Ranchi, wherein some documents have been brought on record, which suggest that the land, in question, has already been acquired and compensation has already been paid to the ancestors of the petitioners.

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5. Learned counsel for the petitioners has sought adjournment in the matter.

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6. This Court has gone through the different orders, passed in the present writ petition. The orders dated 11.01.2024, 27.02.2024 and 14.05.2024, suggest that the petitioners have sought adjournment only. It is nothing, but an attempt by the petitioners to keep the matter pending for the reasons best known to them.

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7. Considering the above approach of the petitioners, and the materials brought on record by the respondents authorities that the compensation has already been paid to the ancestors of the petitioners in the year 1960 itself and further, the land, in question, has further been allocated to the Jharkhand Industrial Area Development Authority, Ranchi Region, in the year 2017. Thereafter, the land, in question, has been allotted to the respondent No.8 in the year 2017 itself.

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8. In view of the above discussions, I do not find any reason to grant further adjournment to the petitioners or keep the matter pending any more. There is sufficient materials on record to suggest that the land, in question, has already been acquired and the compensation has already

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- 2 - W.P.(C) No.4897 of 2017

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been paid to the land loosers.

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9. In view of the above discussions, I do not find any reasons to entertain the present writ petition. Accordingly, the present writ petition is, hereby, dismissed.

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10. Pending interlocutory application, if any, also stands disposed of.

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(Rajesh Kumar, J.)

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Chandan/-

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W.P.(C) No.4897 of 2017

Sunil Kumar And Ors. v. State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Sunil Kumar And Ors. v. State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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