Disposed¶¶6

Raj Kumar Sao Alias Raj Kumar Prasad Keshri v. Collectariate

Jharkhand HC12 Sept 2024WPC/7304/2013

Case brief

AI extract

What is this about?

High Court of Jharkhand at Ranchi; W.P.(C) No.7304 of 2013; Raj Kumar Sao @ Raj Kumar Prasad keshri v. State of Jharkhand and others; decided 12.09.2024 by Rajesh Kumar, J.; Raiyati Manyata No.15/02-03; Misc. Revision Case No.58 of 2007; rejection of Raiyati Manyata; land acquisition compensation; Section 18 Land Acquisition Act 1894; referral to civil court; monetization refused by District Land Acquisition Officer; Plot Nos.1545, 1555; Khata No.310; Circle Barhi now Padma; Hazaribagh; writ disposed with direction to refer under Section 18.

What did the court decide?

Direction to the concerned respondents to refer the matter under Section 18 of the Land Acquisition Act, 1894 for proper adjudication; pending interlocutory application, if any, also stands disposed of. ¶¶6

Raj Kumar Sao Alias Raj Kumar Prasad Keshri Vs… — Land Acquisition | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to compensation for the acquired land, where monetization of part of the plot was allowed but monetization of the remainder was refused by the District Land Acquisition Officer, and whether the dispute over entitlement to compensation should be referred to the civil court under Section 18 of the Land Acquisition Act, 1894. +1 more

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Court's answer

Where there is a dispute regarding the entitlement of compensation for acquired land, the matter has to be referred to the concerned civil court under Section 18 of the Land Acquisition Act, 1894.

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Ratio / Principle

The writ petition was disposed of with a direction to the concerned respondents to refer the matter under Section 18 of the Land Acquisition Act, 1894 for proper adjudication.

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Detailed headnote1 paragraphs

Writ petition under Article 226 jurisdiction of the High Court of Jharkhand challenging (i) the order dated 28.03.2007 of the Deputy Commissioner, Hazaribagh in Raiyati Manyata No.15/02-03 rejecting the Raiyati Manyata of the petitioner's land, and (ii) the order dated 24.05.2013 of the Commissioner, North Chhotanagpur Division, Hazaribagh in Misc. Revision Case No.58 of 2007, and seeking compensation for land acquired under the Land Acquisition Act (Plot Nos.1545 and 1555, total 0.24 acre, Khata No.310, Circle Barhi now Padma, District Hazaribagh). Part of the plot had been monetized, but monetization of the remainder was refused by the District Land Acquisition Officer for want of cogent material. Held: where there is a dispute regarding entitlement of compensation, the matter must be referred to the concerned civil court under Section 18 of the Land Acquisition Act, 1894. Writ petition disposed of with a direction to the respondents to make such reference; pending interlocutory application, if any, also disposed of.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.7304 of 2013

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Raj Kumar Sao @ Raj Kumar Prasad keshri, son of Late Banshi Sao, resident at village – Saraiya, P.O. - Saraiya, P.S. - Padma, Dist. - Hazaribagh. …… Petitioner

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Versus

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State of Jharkhand.

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The Commissioner, North Chotanagpur Commissionary, Office at Hazaribagh, P.O. & P.S. - Hazaribagh, Distt. - Hazaribagh.

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The Deputy Commissioner, Hazaribagh, Office at Hazaribagh, P.O. & P.S. - Hazaribagh, Distt. - Hazaribagh.

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The Additional Collector (Incharge), Hazaribagh, Office at Hazaribagh, P.O. & P.S. - Hazaribagh, Distt. - Hazaribagh.

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The Deputy Collector (Land Reforms), Barhi, Office at Barhi, P.O. and P.S. - Barhi, Distt. Hazaribagh.

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The Circle Officer, Cricle Barhi now Padma, P.O. & P.S. - Padma, Distt. - Hazaribagh.

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…... Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Nawal Kishore Pandey, Advocate For the Resps./State : Mr. Mihir Kunal Ekka, A.C to S.C.-I

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10/Dated: 12th September, 2024

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1. Heard learned counsel for the parties.

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2. The present writ petition has been filed for quashing the order dated 28.03.2007, passed by the Deputy Commissioner, Hazaribagh in Raiyati Manyata No.15/02-03, whereby Raiyati Manyata of the land of the petitioner has been rejected and for quashing the order dated 24.05.2013, passed by the Commissioner, North Chhotanagpur Division, Hazaribagh in Misc. Revision Case No.58 of 2007 and further, issuance of direction upon the respondents to pay compensation to the petitioner as the land, in question, has been acquired.

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3. The description of land is as follows :-

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“Plot No.1545, Area – 0.14 acre, and Plot No.1555, Area – 0.10 acre (Total area – 0.24 acre), Khata No.310, Circle – Barhi now Padma, District – Hazaribagh.”

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4. Having heard learned counsel for the parties and from perusal of the record, it appears that the land, in question,

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- 1 - W.P.(C) No.7304 of 2013

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has been acquired under the Land Acquisition Act. It further appears that part of the same plot has been monitized, but monitization of the rest of the plot has been refused by the District Land Acquisition Officer, on the ground that there is no cogent material.

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5. The law is settled on the point that if there is any dispute regarding the entitlement of the compensation, then the matter has to be referred to the concerned civil court under Section 18 of the Land Acquisition Act, 1894. 6. In that view of the matter, the present writ petition is, hereby, disposed of directing the concerned respondents to refer the matter under Section 18 of the Land Acquisition Act, 1894, for proper adjudication.

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7. 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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- 2 - W.P.(C) No.7304 of 2013

Raj Kumar Sao Alias Raj Kumar Prasad Keshri v. Collectariate

Case brief

What is this about?

What did the court decide?

Raj Kumar Sao Alias Raj Kumar Prasad Keshri v. Collectariate

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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