The High Court
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.616 of 2020 With W.P. (C) No.615 of 2020 With W.P. (C) No.617 of 2020 With W.P. (C) No.618 of 2020 With W.P. (C) No.621 of 2020 With W.P. (C) No.622 of 2020 With W.P. (C) No.630 of 2020 ----- Lachhman Mandal Subhash Prasad Yadav Md. Izhar Alam Mahaveer Mandal Sanjeev Kumar Yadav Kamdev Mandal Baldev Kol .......... Petitioner. [In W.P.(C) No.616/2020] .......... Petitioner. [In W.P.(C) No.615/2020] .......... Petitioner. [In W.P.(C) No.617/2020] .......... Petitioner. [In W.P.(C) No.618/2020] .......... Petitioner. [In W.P.(C) No.621/2020] .......... Petitioner. [In W.P.(C) No.622/2020] .......... Petitioner. [In W.P.(C) No.630/2020] 1. State of Jharkhand 2. The Secretary, Department of Land & Revenue, Project Building, -Versus- Dhurwa, Ranchi. 3. The Deputy Commissioner, Deoghar. 4. The Sub Divisional Officer, Deoghar. 5. The District Land Acquisition Officer, Deoghar. 6. The Circle Officer, Devipur, District Deoghar. 7. The Block Development Officer, Devipur, District Deoghar. 8. Officer-in-charge, Devipur, District Deoghar. .......... Respondents. [In all cases]
Legal Reasoning
ordinate Bench of this Court in W.P.(C) No.1145 of 2020, relevant part of which reads as under:- ““Learned counsel for the respondent Nos.1 to 3 Mr. Pradeep Kumar, AC to AAG-IV has submitted, that once a land has been acquired by the State, it is upon the State to utilize it for any other purposes. Learned counsel for the respondent no.4, Mr. R.C. P. Sah has submitted, that the land has been acquired for the purpose of industrial area and the same is being granted to the entrepreneur for development of industries, as such the land which has been acquired 4 by Land Acquisition Case No. 07/2009-10 cannot be returned to the petitioners at any cost. Considering the submissions of the learned counsel for the parties, the writ petition is hereby dismissed as the land has been rightly acquired by the State and is being used, in view of the Hon’ble Supreme Court judgment, for development of industrial growth in the State of Jharkhand.
Arguments
----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : [In all cases] For State [In all cases] : Md. M. Khan, Advocate Mr. Rakesh Kumar Roy, A.C. to G.A.III ----- Order No.10 Date: 23.03.2023 1. W.P.(C) No.616 of 2020 has been filed for issuance of direction upon the respondent no.3 to stop allotment/handing over the possession of irrigated multi-cropped land of Jamabandi holders/ raiyats including that of the petitioner and his co-sharers, appertaining to J.B. no.11, 2 plot no.443, measuring an area of 3.93 acres, Mouja Kokhara, Thana no.176, P.S. & Circle Devipur, District Deoghar, for the purpose of opening Small Scale Industries by the industrialists. 2. W.P.(C) No.615 of 2020 has been filed for issuance of direction upon the respondent no.3 to stop allotment/handing over the possession of irrigated multi-cropped land of Jamabandi holders/ raiyats including that of the petitioner and his co-sharers, appertaining to J.B. no.27, plot nos.424, 427, 438, 439, 441 & 429, measuring an area of 9.65 acres, Mouja Kokhara, Thana no.176, P.S. & Circle Devipur, District Deoghar, for the purpose of opening Small Scale Industries by the industrialists. 3. W.P.(C) No.617 of 2020 has been filed for issuance of direction upon the respondent no.3 to stop allotment/handing over the possession of irrigated multi-cropped land of Jamabandi holders/ raiyats including that of the petitioner and his co-sharers, appertaining to J.B. no.23, plot no.434, measuring an area of 1.53 acres, Mouja Kokhara, Thana no.176, P.S. & Circle Devipur, District Deoghar, for the purpose of opening Small Scale Industries by the industrialists. 4. W.P.(C) No.618 of 2020 has been filed for issuance of direction upon the respondent no.3 to stop allotment/handing over the possession of irrigated multi-cropped land of Jamabandi holders/ raiyats including that of the petitioner and his co-sharers, appertaining to J.B. no.03, plot no.447, measuring an area of 6.82 acres, Mouja Kokhara, Thana no.176, P.S. & Circle Devipur, District Deoghar, for the purpose of opening Small Scale Industries by the industrialists. 5. W.P.(C) No.621 of 2020 has been filed for issuance of direction upon the respondent no.3 to stop allotment/handing over the possession of irrigated multi-cropped land of Jamabandi holders/ raiyats including that of the petitioner and his co-sharers, appertaining to J.B. no.13, 3 plot nos.430, 431, 432 & 433, measuring an area of 1.83 acres, Mouja Kokhara, Thana no.176, P.S. & Circle Devipur, District Deoghar, for the purpose of opening Small Scale Industries by the industrialists. 6. W.P.(C) No.622 of 2020 has been filed for issuance of direction upon the respondent no.3 to stop allotment/handing over the possession of irrigated multi-cropped land of Jamabandi holders/ raiyats including that of the petitioner and his co-sharers, appertaining to J.B. no.21, plot no.448, measuring an area of 11.80 acres, Mouja Kokhara, Thana no.176, P.S. & Circle Devipur, District Deoghar, for the purpose of opening Small Scale Industries by the industrialists. 7. W.P.(C) No.630 of 2020 has been filed for issuance of direction upon the respondent no.3 to stop allotment/handing over the possession of irrigated multi-cropped land of Jamabandi holders/ raiyats including that of the petitioner and his co-sharers, appertaining to J.B. no.10, plot nos.428, 437 & 442, measuring an area of 7.95 acres, Mouja Kokhara, Thana no.176, P.S. & Circle Devipur, District Deoghar, for the purpose of opening Small Scale Industries by the industrialists. 8. Mr. Rakesh Kumar Roy, learned A.C. to G.A.III, appearing on behalf of the respondents in all the writ petitions submits that a similar writ petition being W.P.(C) No.1145 of 2020 (Sahdev Prasad Yadav & Ors. Vs. The State of Jharkhand & Ors.) has been dismissed by a co- ordinate Bench of this Court vide order dated 9th November, 2022. 9. I have perused the order dated 9th November, 2022 passed by a co-
Decision
Accordingly, the writ petition is hereby dismissed.” 10. Since the present batch of writ petitions involve similar issue as raised in W.P.(C) No.1145 of 2020, which has already been dismissed by a coordinate Bench of this Court vide order dated 9th November, 2022, the same are also dismissed in terms with the said order. 11. Pending interlocutory application(s), if any, in respective writ petition(s) is/are also dismissed. Sanjay/ (Rajesh Shankar, J.)