Disposed

Surendra Sao Alias Surendra Prasad Keshri v. Collectariate

Jharkhand HC12 Sept 2024WPC/7313/2013

Case brief

AI extract

What is this about?

Petitioner challenged rejection of Raiyati Manyata of acquired land and sought compensation. Court held entitlement disputes must be referred to civil court under Section 18 Land Acquisition Act, 1894, and directed respondents to refer the matter.

What did the court decide?

Direction to respondents to refer the compensation-entitlement dispute to the civil court under Section 18 of the Land Acquisition Act, 1894.

Surendra Sao Alias Surendra Prasad Keshri Vs Collectariate — Land Acquisition | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.7313 of 2013

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Surendra Sao @ Surendra Prasad Keshri, son of Late Jagarnath Sao, resident at village – Saraiya, P.O. - Saraiya, P.S. - Padma, Dist. - Hazaribagh.

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…… 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. Sahbaj Akhtar, A.C to A.A.G.-III --------- 09/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.19/02-03, 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.59 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 – 0.05 acre, and Plot No.1555, Area – 0.25 acre (Total area – 0.30 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.7313 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.7313 of 2013

Surendra Sao Alias Surendra Prasad Keshri v. Collectariate

Case brief

What is this about?

What did the court decide?

Surendra Sao Alias Surendra Prasad Keshri v. Collectariate

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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