Dismissed¶26

Suresh Chandra Mandal v. the State of Jharkhand

Jharkhand HC23 Mar 2026WPC/1756/2026

Case brief

AI extract

What is this about?

Compensation apportionment dispute; co-sharer in acquired land; entire compensation paid to other co-sharers; National Highway Act; Section 3H(4); competent authority to refer dispute to civil court of original jurisdiction; Article 226 writ petition not entertained; direction to approach appropriate authority under the Act; application to be taken up and proceeding initiated at the earliest; NHAI; Dhanbad; Tundi; High Court of Jharkhand at Ranchi; Ananda Sen, J.; W.P.(C) No. 1756 of 2026; dismissed with observations; 23.03.2026.

What did the court decide?

None; petitioner directed to approach the appropriate authority under the National Highway Authority Act for redressal of his grievance. ¶26

Suresh Chandra Mandal Vs the State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

None; petitioner directed to approach the appropriate authority under the National Highway Authority Act for redressal of his grievance.

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Issue for consideration

Whether the petitioner, who claims a share in land acquired for a National Highway project and complains that the entire compensation was paid to other co-sharers, can obtain his share of the compensation. +1 more

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Ratio / Principle

Under Section 3H(4) of the National Highway Act, if any dispute arises in apportionment of the amount payable between persons to whom the same is payable, the competent authority shall refer the dispute to the civil court of original jurisdiction.

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Key takeaways

The writ petition filed under Article 226 of the Constitution of India is not entertained by this Court.ratio¶20
In view of the specific provision available under the National Highway Authority Act, the petitioner is directed to approach the appropriate authority under the aforesaid Act for the redressal of his grievance.ratio¶21
Once the petitioner files any application, the same will be taken up, an appropriate proceeding initiated, and an order passed at the earliest.ratio

Detailed headnote1 paragraphs

Land acquisition (National Highway Act) - apportionment of compensation among co-sharers. Petitioner, a co-sharer in land acquired for a National Highway project, alleged that the entire compensation had been paid to other co-sharers and sought redress by way of writ petition under Article 226 of the Constitution of India. The Court found the acquisition to be under the provisions of the National Highway Act, under which Section 3H(4) provides that if any dispute arises in apportionment of the amount payable between persons to whom the same is payable, the competent authority shall refer the dispute to the civil court of original jurisdiction. As this specific provision was available to the petitioner, the Court declined to entertain the writ petition and directed him to approach the appropriate authority under the aforesaid Act for redressal of his grievance; on filing of any application, the same was to be taken up, an appropriate proceeding initiated and an order passed at the earliest. Writ petition dismissed with aforesaid observation. (Ananda Sen, J.) (23.03.2026)

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2026:JHHC:8968

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1756 of 2026

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Suresh Chandra Mandal, aged about 56 years, Son of late Safal Mandal, Resident of Borabad, P.O.- Pokhariya, P.S.- Purbi Tundi, Dist- Dhanbad.

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… … Petitioner(s)

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Versus

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The State of Jharkhand.

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The Deputy Commissioner, Dhanbad, P.O. & P.S.-Dhanbad, Dist. Dhanbad.

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That District Land Acquisition Officer, Dhanbad, P.O. Dhanbad. & P.S.Dhanbad, Dist.-Dhanbad

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The Circle Officer, Tundi, P.O. & P.S.-Tundi, Dist. Dhanbad.

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The National Highway Authority of India through its Chairman having its office at National Highway Authority of India G5 & 6 Sector-10, P.O. & P.S. Dwarka, New Delhi-110075.

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The Project Director, National Highways Authority of India, PIV Durgapur, NHAI Complex, Sector 2A, Bidhan Nagar, Durgapur, P.O. & P.S.- Bidhan Nagar, District- Burdwan (W.B) … … Respondent(s)

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) :Mr. Sanjay Prasad, Advocate. For the Resp-NHAI :Mrs. Sweety Topno, Advocate. Mr. Amrit Raj Kisku, Advocate.

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02/ 23^rd March, 2026

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Heard, learned counsel for the petitioner and learned counsel appearing on behalf of the respondents.

¶18

It is grievance of the petitioner that though the petitioner has shared in land, but the entire compensation has been paid to other co-sharers.

¶19

After hearing the parties and going through the records, I find that the land has been acquired under the provisions of The National Highway Act. Section 3H(4) of the aforesaid act provides that if any dispute arises in apportionment of amount between some persons to whom the same is payable, the competent authority shall refer the dispute to the civil court of original jurisdiction.

¶20

Thus, I am not inclined to entertain this writ petition filed under Article 226 of the Constitution of India.

¶21

In view of this specific provision available to the petitioner under the National Highway Authority Act, the petitioner is directed to approach the appropriate authority under the aforesaid Act for the redressal of his

2026:JHHC:8968

grievance.

Once the petitioner files any application, the same will be taken up and an appropriate proceeding be initiated, and an order be passed at the earliest.

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Accordingly, this writ petition is dismissed with aforesaid observation.

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(ANANDA SEN, J.)

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23.03.2026 Amar/CP-2 Uploaded on:-30.03.2026

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Suresh Chandra Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Suresh Chandra Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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