Laxmi Narayan Singh Vs the State of Jharkhand through Chief Secretary

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2026:JHHC:2597

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.463 of 2026

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....

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Laxmi Narayan Singh, aged about 75 years, son of late Janki Singh

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Masomat Sharda Devi, aged about 74 years, wife of late Raj Kumar Singh Both petitioners are residents of village-Nimadih, P.O. Hendegara, P.S.-Charhi, District-Hazaribagh, Jharkhand .… Petitioners

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Versus

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The State of Jharkhand through Chief Secretary, Government of Jharkhand, office at Project Building, P.O. & P.S.-Dhurwa, District-Ranchi, Jharkhand

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Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, office at Project Building, P.O. & P.S.-Dhurwa, District-Ranchi, Jharkhand

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Deputy Commissioner, Hazaribagh, office at Collectorate Building, Hazaribagh, P.O.-Hazaribagh, P.S.-Sadar, District-Hazaribagh, Jharkhand

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District Land Acquisition Officer, Hazaribagh, office at Collectorate Building, Hazaribagh, P.O.-Hazaribagh, P.S.-Sadar, District-Hazaribagh, Jharkhand

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Circle Officer, Churchu, office at Churchu, P.O.+P.S.-Churchu, DistrictHazaribagh, Jharkhand

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Director, Ministry of Road Transport and Highway, Government of India, having its office at Sector 10, Dwarka, Delhi, P.O. and P.S. Dwarka, New Delhi

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Project Director NHAI NH-31, having its office at B 402, road number 4, Ashok Nagar, PO Ashok Nagar, PS Argora, District-Ranchi, Jharkhand

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.... Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioners : Mr. Sumit Kumar, Adv. For the Respondents : Ms. Omiya Anusha, AC to AAG-IA : Ms. Bakshi Vibha, Adv. : Mrs. Sweety Topno, Adv. : Mr. Amrit Raj Kisku, Adv.

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06/02.02.2026

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Heard the parties.

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The present writ petition has been filed for the following reliefs:-

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“(i) For issuance of an appropriate writ(s)/order(s)/direction(s) from this Court for quashing and setting aside the letter dated 5.7.2025 issued by the respondent no. 5 (annexure -6) by which the respondent no. 5 has claimed that the petitioners has encroached over the land pertaining to khata no. 1, plot no. 414, acquired by NHAI on Charhi NH-33 in the district of Hazaribagh.

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ii. Further for issuance of an appropriate writ(s) / order(s) / direction(s) from this Hon'ble Court to pay compensation to the petitioners for the land acquired by the NHAI (respondent no. 7), bearing khata no. 48, plot no 416, area measuring 2 decimal for the construction of a service road and drainage on NH-33 in the village Charhi, District Hazaribagh.”

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2026:JHHC:2597

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The description of land is as follows:-

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“An area measuring 2 decimals, bearing Khata No.48, Plot No.416”

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It appears that the petitioners have sale deed in their favour and also mutation.

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Learned counsels for the respondents are merely stating that it is a gairmajarua land not even aam and khas has been disclosed.

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This is not the proper attitude on behalf of the respondents. If there is a real title dispute, it has to be resolved by taking recourse under Section 3(H)4 of the National Highway Act, 1956.

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Section 3(H)4 of the National Highway Act, 1956 reads as under:-

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“3H- Deposit and payment of amount-

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(1) …………………….

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(2) …………………….

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(3) …………………….

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(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.”

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In that view of the matter, the present writ petition stands disposed of directing the concerned District Land Acquisition Officer to refer the matter for adjudication as per the mandate of the above law.

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