Chief General Manager Land and Revenue Central Coalfield Ltd. Thro Its General Manager (Legal) Ccl, Vs Seraj Ansari

2026:JHHC:21059

IN THE HIGH COURT OF JHARKHAND AT RANCHI

F.A. No. 125 of 2026

Chief General Manager, Land and Revenue, Central Coalfield Limited, having office at Darbhanga House, Ranchi, P.O. – Morabadi, P.S. Lower Bazar, District – Ranchi (Jharkhand) now through its General Manager (legal) CCL, Darbhanga House, Ranchi P.O. – Morabadi, P.S. Bazar District – Ranchi (Jharkhand)

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… … Appellant/Opposite party Versus

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Seraj Ansari

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Khurshid Alam

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Mahmud Alam

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Mohamad Ali Hasan All sons of late Mahbub Hasan

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Sabja Khatoon, w/o Abbas Ali All are R/o village – Ara, P.O. Sarubeda P.S. Mandu, District – Ramgarh

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… … Respondents/applicants/Awardees

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Deputy Commissioner, Ramgarh, having office at Ramgarh, P.O. & P.S. Ramgarh, District – Ramgarh

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… .. Respondent/Opposite Party

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Appellant : Mr. Sushavan Bhowmik, Advocate For the Respondent Nos.1 to 5 : Mr. Abhishek Sriwastava, Advocate

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14 /17.07.2026

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Heard the learned counsel appearing on behalf of the parties.

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2. This first appeal has been filed for the following relief:

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“That in the instant appeal the appellant prays for setting aside the judgment and order dated 15.06.2024 and Decree/Award dated 21.06.2024 passed in L.R. Case No. 169/2012 (L.A. Case No. 03/2005-06) passed by learned Civil Judge (Sr. Div.)-II -cum-Spl. Judge, Land Acquisition, Ramgarh whereby the learned Court held Rs.4,800/- per decimal as just and proper compensation for all the nature of land as described in Award involved in the acquisition under the reference and found the Respondent Nos.1 to 5 entitled for enhancement of compensation amount prepared by the Collector and ordered to grant a flat rate of Rs.4,800/- per

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1

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decimal/Rs.4,80,000/- per acre as compensation in favour of the Respondent Nos.1 to 5. Further the Respondent Nos.1 to 5 are also entitled to get solatium, interest and other monetary benefit as provided under the Act.”

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3. The learned counsel for the appellant has submitted that the impugned judgement in L.R. Case No.169 of 2012 (L.A. Case No.03/2005-06) is a nullity in the eyes of law, inasmuch as one of the claimants, namely Sabja Khatoon, wife of Abbas Ali, had dead during the pendency of the proceedings. Her death certificate has been placed on record by the respondents and her date of death is 30.06.2021.

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4. The learned counsel for the respondents has submitted that she had only one son namely Md. Mumtaz Ali, whose Aadhar card has also been placed on record, and he has appeared by filing a vakalatnama . It is not in dispute that Sabja Khatoon was not substituted before the court and the impugned judgement was passed on 15.06.2024.

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5. The learned counsel for the appellant submits that the impugned judgement and award in the aforesaid case being LR Case No.169 of 2012 (LA Case No.3 of 2005-2006) Award No.124, be set aside and the matter be kept open to the parties to appear before the court so that appropriate steps for substitution may be taken and the court may proceed in accordance with law.

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6. After hearing the learned counsel for the parties and considering the fact that one of the claimants, namely Sabja Khatoon, wife of Abbas Ali, died during the pendency of the proceedings before the learned court and that the other co-applicants/awardees were sons of Mahboob Hasan and further that the only son of Sabja Khatoon has also filed a vakalatnama before this Court, this Court is of the view that the impugned judgement with respect to the aforesaid LR Case No.169 of 2012 is a nullity.

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7. However, it is made clear that this order shall not stand in the way of the other applicants/awardees or the son of Sabja Khatoon in taking appropriate steps before the learned court. Upon such steps

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2

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being taken, the learned court shall pass fresh judgement and award in accordance with law.

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8. This appeal is accordingly disposed of.

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9. Let a copy of this order be communicated to the court concerned through ‘FAX/email’.

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(Anubha Rawat Choudhary, J.)