The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 4493 of 2019 1. Santosh Kumar Pradhan, aged about 63 years, son of Shri Shrikant Prasad Pradhan, resident of Dibha mohalla, Chatra, P.O. Chatra, P.S. Sadar, District Chatra. 2. Deep Lata Devi, wife of Rajpal, aged about 35 years, resident of Keshari Chowk, Main Road Chatra, P.O. Chatra, P.S. Sadar, District Chatra. 3. Kanchan Devi, aged about 33 years, wife of Uday Kumar Keshari. 4. Manisha Devi, aged about 35 years, wife of Ashok Kumar Keshari. Sl. no. 3 & 4 are resident of Guddri Bazar, Chatra, P.O. Chatra, P.S. Sadar, District Chatra. 5. Rekha Devi, wife of Chhotu Prasad, aged about 37 years, resident of Mohalla Jatrahibag, Chatra, P.O. Chatra, P.S. Sadar, District Chatra. 6. Gudiya Devi, aged about 39 years, wife of Murari Prasad Keshari, resident of village Darha, P.O. Chatra, P.S. Sadar, District Chatra. 7. Neelu Devi, aged about 39 years, wife of Santosh Kumar Gupta. 8. Santosh Kumar Gupta, aged about 40 years, son of Jai Mangal Prasad Gupta. Sl. no. 7 & 8 are resident of village + P.O. Herhanj, P.S. Balumath, District Latehar. 9. Surekha Devi, wife of Kuldeep Vishwakarma, aged about 37 years, resident of Dibah mohalla, P.O. Chatra, P.S. Sadar, District Chatra. 10. Anita Devi, aged about 32 years, wife of Satyendra Rana, resident of village Guriya, P.O. + P.S. Pratappur, District Chatra. 11. Pramila Devi, aged about 43 years, wife of Shyam Lal Prasad. 12. Anita Devi, aged about 41 years, wife of Shankar Soni. Sl. no. 11 & 12 are resident of Bind Mohalla, Chatra, P.O. Chatra, P.S. Sadar, District Chatra. 13. Most. Rani, aged about 41 years, wife of Late Lakhan Saw, resident of New Colony, Jatrahibag, P.O. Chatra, P.S. Sadar, District Chatra. 14. Vinod Kumar Choudhary @ Vinod Kumar aged about 28 years, son of Butu Choudhary, resident of Churihar mohalla, Chatra, P.O. Chatra, P.S. Sadar, District Chatra. 15. Sangeeta Devi, aged about 37 years, wife of Late Kapildeo Kumar resident of village-Darha, P.O.- Chatra, P.S.- Sadar, District- Chatra. 16. Seeta Devi, aged about 61 years, wife of Badho Vishwakarma, resident of Bazar Tand, Chatra, P.O. Chatra, P.S. Sadar, District Chatra. 17. Jyotish Prasad, aged about son of Khakhunu Prasad, aged about 48 years resident of Marwari Mohalla Chatra, P.O.- Chatra, P.S.- Sadar, District-Chatra. 18. Harshita Bharti, aged about 21 years, daughter of Late Mahendra Prasad Sinha, resident of Dibah mohalla, P.O. Chatra, P.S. Sadar, District Chatra. 19. Jagdish Sao, son of Late Jitan Sahu, aged about 52 years, resident of Surhi Mohalla, Post Chatra, P.S. Sadar, District Chatra. 20. Draupadi Devi, wife of Binod Prasad Soni, aged about 50 years, resident of Dibha Mohalla, P.O. Chatra, P.S. Sadar, District Chatra. 21. Shashi Kumar, son of Sambhu Choudhary, aged about 29 years, resident of village Barheta, P.O. Bedhani, P.S. Deo, District Aurangabad, State Bihar. 22. Ghanshyam Choudhary, son of Late Nago Choudhary, aged about 37 years, resident of village Mangarh, P.O. Lohadi, P.S. Chauparan, District Hazaribagh. 23. Rajendra Pansi, son of Buttu Choudhary, aged about 38 years, resident of Churihar Mohalla, Chatra, P.O. Chatra, P.S. Sadar, District Chatra. 24. Asha Devi, aged about 62 years, wife of Late Narayan Prasad, resident of Chatra Gaurakshani Road, P.O. Chatra, P.S. Sadar, District Chatra.
Legal Reasoning
25. Mohani Devi, wife of Shri Mohan Yadav, aged about 71 years, resident of Dibha Mohalla, Post Chatra, P.S. Sadar, District Chatra. Petitioners … … Versus 1. The State of Jharkhand. 2. The Secretary, Revenue Registration and Land Reforms Department, Government of Jharkhand, Ranchi, Project Building, Dhurwa, P.O. + P.S. Dhurwa, District Ranchi. 3. The Deputy Commissioner, Chatra, P.O. Chatra, P.S. Sadar, District Chatra. 4. The Sub-Divisional Officer, Chatra, P.O. Chatra, P.S. Sadar, District Chatra. 5. Circle Officer Chatra, P.O. Chatra, P.S. Sadar, District- Chatra. 6. The Managing Director, Jharkhand Urja Sanchar Nigam Ltd. SLDC Building, Kusai Colony, Doranda P.O. + P.S. Doranda, Dist. Ranchi Respondents … … --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioners For the Respondents --- : Mr. Anil Kumar Sinha, Advocate : Mr. Mrinal Kanti Roy, Advocate : Mr. Abinay Kumar, Advocate : Mr. Saurabh Sagar, A.C. to S.C. III --- 10/09.07.2024 1. Heard the learned counsel for the parties. 2 2. This writ petition has been filed for the following relief: for order/orders, the petitioner prays issuance of an That appropriate writ/writs, direction /directions of or a writ, in the nature of Mandamus, commanding & directing upon the respondents to pay the compensation in lieu of the land acquired by the respondents of village Darha, Thana no. 157, Khata no. 99, Plot no. 707, measuring area 9.98 Acres and the same has been transferred in favour of Jharkhand Urja Sancharan Nigan, Hazaribag, for Establishment of Grid Sub-station. 3. The learned counsel for the petitioners submits that the petitioners were in possession of the property by virtue of a registered sale deed and the property has been handed over by the State Government to the private respondent No. 6 by treating it as their own property. He submits that in spite of having title deeds, no compensation has been paid to them. 4. The learned counsel for the respondent state has submitted that the title of the property was with the State and therefore, there was no occasion to acquire the land and consequently, there is no question of payment of any compensation to the petitioners. He submits that the property has been handed over to the respondent No. 6. However, the counsel for the state has submitted that if the petitioners are aggrieved, they may move the Deputy Commissioner who may consider their grievance and may also pass an order stating that there is title dispute so that the petitioners may have their recourse as per law. 5. The learned counsel for the respondent No. 6 has submitted that they are in possession of the property and the sub-station has already been constructed. The learned counsel for the respondent No. 6 has submitted that the property was transferred after due clearance from the Ministry of Environment, Government of India. 6. To this counsel for the petitioners has submitted that the Registered sale deed cannot be disputed by the respondents. 7. After hearing the learned counsel for the parties and considering the facts and circumstances of this case and the 3 nature of prayer made by the petitioners, this court is of the considered view that the grievance of the petitioners is required to be looking by the respondent No. 3 at the first instance. 8. Accordingly, this writ petition is disposed of enabling each petitioner to file separate representation with all their supporting documents before the respondent No. 3 within 2 months from today and upon receipt of the representation the respondent No. 3 is directed to pass an appropriate reasoned order(s) with regard to the grievance of one or the other petitioner within a period of three months from the date of filing of representation(s) after verifying the records and after hearing the concerned parties including respondent No. 6. One copy of the entire records of this case be produced jointly by the petitioners. 9. Pending I.A., if any, is closed. Binit/Arpit (Anubha Rawat Choudhary, J.) 4