Kajal Devi v. The State of Jharkhand

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : : For the State Mr. Mahesh Kr. Mahto, Advocate Mr. A. R. Kisku, AC to GA-V ----- Order No.05 I.A. No.230 of 2025: The present interlocutory application has been filed on behalf of the Date: 21.07.2025 applicant- Kajal Devi, seeking her substitution in place of original petitioner. Counsel for the applicant submits that the original petitioner has died during pendency of the writ petition on 9th December, 2024. The applicant is wife of the original petitioner, whose description has been given in paragraph no.5 of the present interlocutory application. Hence, she may be permitted to be substituted in place of original petitioner. Learned counsel appearing on behalf of State respondents has no objection to the said prayer. Having heard learned counsel for the petitioner as well as learned counsel for the State respondents and for the reasons stated in the

present interlocutory application, the applicant is permitted to be substituted in place of original petitioner. Necessary substitution be made by counsel for the applicant in course of the day. I.A. No.230 of 2025 is, accordingly, disposed of. W.P.(C) No.1424 of 2024: By way of present writ petition, the petitioner seeks enhancement of compensation paid to original petitioner-Rajendra Bediya (husband of the present petitioner) for acquisition of the land appertaining to Khata no.214, plot no.1257, Thana no.58, measuring an area of 572.65 sq. meter, situated at village Tape, P.S. Ormanjhi, District Ranchi under Bharatmala Project.

Having heard learned counsel for the petitioner as well as learned counsel for the State respondents and considering that the petitioner has efficacious remedy under Section 3G(5) of the National Highways Act, 1956, the present writ petition is disposed of with a liberty to the petitioner to prefer an application, seeking enhancement of compensation for the land in question, before the respondent no.3. On receipt of the said application, the respondent no.3 shall refer the matter to the Additional Collector, Ranchi-cum- Arbitrator under the Act, 1956 for adjudication under Section 3G(5) of the said Act within thirty days from the date of receipt of the said application.

The writ petition is, accordingly, disposed of. Sanjay/ (Rajesh Shankar, J.)