Arjun Prasad Mehta v. State of Jharkhand & Ors.

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO ......... : Mr. Bhaiya V. Kumar, Advocate Mr. Avishek Chandra, Advocate : Mr. Rahul Kamlesh, AC to G.A.-II …... For the respondents-State 06/ 13.06.2022. Heard, learned counsel for the parties. Learned counsel for the petitioner, Mr. Bhaiya V. Kumar after some argument seeks permission to withdraw the instant Writ Petition and has submitted that though petitioner has filed petition before the Additional Collector, Hazaribagh as well as DCLR, Hazaribagh, but in absence of certificate issued by the Circle Officer, his grievances has not been redressed by the authorities under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as such, this Court may permit him to file such representation before the authority-concerned, who shall call for a report from the Circle Officer and pass necessary order so that petitioner may be paid compensation. Learned counsel for the respondents-State, Mr. Rahul Kamlesh, AC to G.A.-II has submitted that petitioner has legal avenues under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as such, petitioner may file application before the respondent-authorities. Considering the same, the instant Writ Petition is dismissed as withdrawn with a liberty to the petitioner that he shall file representation before the authority concerned, under Section 64 of the Act, 2013. The authorities concerned will call for a report from the Land Acquisition Officer as well as the Circle Officer of the area and will pass a reasoned order so as to settle the grievance of the petitioner. The process must be completed within a period of three months from the date of filing of such application before the authorities concerned, under Section 64 of the Act, 2013. R.S. (Kailash Prasad Deo, J.)