Jharkhand High Court
Shiv Kumar Ray & Anr vs Union Of India & Ors on 18 July, 2022
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 1810 of 2008
Shiv Kumar Ray & Anr. .... .. ... Petitioner(s)
Versus
Union of India & Ors. .. ... ...Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........
For the Petitioners : Mr. Umesh Kumar Choubey, Advocate For the respondent(s)/State : Mr. Sreenu Garapati, SC-III For the respondent(s)/UOI : Mr. Bajrang Kumar, AC to ASGI ......
10/ 18.07.2022. Heard, Mr. Umesh Kumar Choubey, learned counsel for the petitioners and Mr. Sreenu Garapati, learned SC-II for the State as well as Mr. Bajrang Kumar, learned AC to ASGI for the Union of India.
From perusal of the records including the counter-affidavit, it appears that, notification for acquisition of land of 16.47 acres has been notified by the District authority, Hazaribagh in the District Gazette and the same has been handed-over to the Railway on 20.03.2002 and 0.81 acre gairmajarua khas land has been handed- over to Railway on 23.03.2006 by the order of the authority of State Government and the value of land has been paid to District Authority by the Railway as per their demand for payment of compensation to the land-looser.
Mr. Umesh Kumar Choubey, learned counsel for the petitioners has submitted, that Gair majarua khas land is land of the raiyats, for which the State has already issued rent receipt till the year 2003-04 and the same was maintained as jamabandi in Register- II at Page No.177/1 in Katkamsandi Circle Office (now Katkamdag Office), as such, the order may be passed so as to make payment of compensation to the petitioners.
Mr. Sreenu Garapati, learned SC-II for the State has submitted, that since 0.81 acres of Gair majarua khas land has been transferred to the Railway on 23.03.2006 and the petitioners have been granted rent receipt till the year 2003-04, as such, some time may be granted so as to file an affidavit by the Deputy Commissioner, Hazaribagh with regard to claim of the petitioners.
Be that as it may, let Deputy Commissioner, Hazaribagh shall file an affidavit in-person with regard to Gairmajarua khas land of the petitioners, for which, the rent receipts have been issued in favour of the petitioners till the year, 2003-04 and to that effect money has been deposited by the Railways before the District Administration. But what prevented them to pay the compensation, as the land in question has been transferred to the Railways in the year 2006? Once a jamabandi has been created and running for long, up to the year 2003-04, what is the interest of the State in not paying the compensation to the petitioners?
-2-Let the record of original Land Acquisition case be also produced before the Court through learned SC-III for the State on the next date so as to assist this Court properly.
List this case on 03.08.2022.
(Kailash Prasad Deo, J.) Sandeep/