Rahul Prasad Vs the State of Jharkhand

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2026:JHHC:2236

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.7793 of 2025

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Rahul Prasad, aged about 32 years, S/o Late Sudip Sahu, R/o Village- Kuru, P.O., P.S. Kuru & District Lohardaga.

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…… Petitioner

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Versus

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State of Jharkhand.

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The Deputy Commissioner, Lohardaga having its office at District Collectorate Office, Lohardaga, P.O. Lohardaga, P.S. Lohardaga & District – Lohardaga.

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The Additional Collector, Lohardaga having its office at District Collectorate Office, Lohardaga, P.O. Lohardaga, P.S. Lohardaga & District – Lohardaga.

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The Land Reforms Deputy Collector, Lohardaga having its office at District Collectorate Office, Lohardaga, P.O. Lohardaga, P.S. Lohardaga & District Lohardaga.

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The Land Acquisition Officer, Lohardaga having its office at District Collectorate Office, Lohardaga, P.O. Lohardaga, P.S. Lohardaga & District – Lohardaga.

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The Circle Officer, Kuru, Lohardaga having its office at, P.O. Lohardaga, P.S. Lohardaga & District – Lohardaga.

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Ganesh Prasad Sahu, aged about not known to the petitioner, S/o Bighan Sahu, R/o Village Sikidiri, Hesatu, P.O. Sikidiri, P.S. Sikidari & DistrictRanchi. …... Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Abhishek Kumar, Advocate For the Resp.-State : Mr. P. C. Sinha, A.C to GA-III

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02/Dated: 29th January, 2026

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1. Heard learned counsel for the parties.

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

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“ (a) for issuance of appropriate writ(s) /order(s) or direction(s) for showing cause the respondents as to how and under what circumstances they are proceeding in haste to disburse the land acquisition compensation appertaining to Khata No. 152, Plot

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2026:JHHC:2236

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No. 278, area measuring 0.2717 acres and Khata No. 152, Plot No. 2065, area measuring 0.0749 acres, both situated at Mauza Kuru, Thana Kuru, District Lohardaga, in favour of respondent no. 7, without adjudicating the specific objection filed by the petitioner under Section 3 of the National Highways Act, 1956, wherein the petitioner has categorically asserted that respondent no.7 is falsely impersonating himself as the legal heir of Late Doman Sao, who admittedly died issueless, and that respondent no. 7 does not belong to the lineage of the recorded khatiyani raiyat, whereas the petitioner is the lawful heir of the khatiyani raiyat.

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(b) for a writ of mandamus commanding upon the respondent authorities not to release, disburse or act upon any proposal for payment of the land compensation amount arising out of land acquisition relating to Khata No.152, Plot No.278, area measuring 0.2717 acres and Khata No.152, Plot No. 2065, area measuring 0.0749 acres, both situated at Mauza Kuru, Thana Kuru, District Lohardaga, in favour of respondent no.7, unless and until the objections of the petitioner are duly adjudicated in accordance with law.

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(c) for a writ in the nature of mandamus commanding upon the respondents to conduct a detailed verification and enquiry into the documents submitted by respondent no.7, which are prima facie forged and fabricated, and upon such enquiry, to take appropriate legal and departmental action including initiation of criminal proceedings against respondent no.7 and against such officers of the department who may have colluded in preparing, certifying or accepting such forged documents; and further to hold & declare that the claim of respondent no.7 asserting himself as the sole surviving legal heir of late Doman Sao, who died

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issueless, is false, fraudulent, contrary to the revenue record, and unsustainable in the eye of law, and consequently restrain the respondents from acting upon such forged and fabricated documents. (d) in the interim, restraint the respondents directing that no disbursement, release or payment of land acquisition compensation relating to Khata No.152, Plot No.278, area measuring 0.2717 acres and Khata No. 152, Plot No. 2065, area measuring 0.0749 acres, both situated at Mauza Kuru, Thana Kuru, District Lohardaga, shall be made in favour of respondent no. 7 during the pendency of the present writ petition.

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3. It has been submitted by the learned counsel for the petitioner that there is a dispute with regard to the right of inheritance i.e. identification of the claimant.

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4. It is purely a civil dispute and for resolving such dispute already a provision has been made by the Parliament in the form of Section 3H(4) of the National Highway Act, 1956 which reads as under :-

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“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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5. In view of above dispute and the legal regime created by the Parliament, no notice is required to be issued upon the private respondent.

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6. The present writ petition is, hereby, disposed of giving liberty to the petitioner to raise objection before the Competent Authority for Land Acquisition. If any such objection/ application is filed by the petitioner within four weeks from the date of receipt of copy of this order, the Competent Authority for Land Acquisition is supposed to refer the same under Section 3H(4) of the National Highway Act, 1956 for adjudication .

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7. With above observation and direction, the present writ

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petition is, hereby, disposed of.

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8. Pending interlocutory application, if any, also stands disposed of.

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(Rajesh Kumar, J.)