Mrigendra Kumar vs The State Of Jharkhand on 28 January, 2020

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Jharkhand High Court

Mrigendra Kumar vs The State Of Jharkhand on 28 January, 2020

Bench: Sanjay Kumar Dwivedi

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       W.P.(C) No.24 of 2014
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Mrigendra Kumar, Son of Late Ramanika Prasad Sinha, resident of Qr. No.A-7, Ashok Vihar, P.O.- Doranda, P.S.-Argora, District-Ranchi.

..... Petitioner Versus

1. The State of Jharkhand

2. The Deputy Commissioner, Ranchi, P.O.- Ranchi, P.S.-Ranchi Sadar, District-Ranchi.

3. The District Land Acquisition Officer, Ranchi, P.O.-Ranchi, P.S.-Ranchi Sadar, District-Ranchi

4. Rukmani Devi, daughter of Budhu Singh and wife of Vibheshwar Singh, resident of Village-Hethu, P.O.-Jagarnathpur, P.S.-Jagarnathpur, District-Ranchi.

5. Urmilla Devi, daughter of Budhu Singh and wife of Rampal Singh, resident of Village-Hethu, P.O.- Jagarnathpur, P.S.-Jagarnathpur, District-Ranchi.

...... Respondents

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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Nilendu Kumar, Advocate. For the Respondents-State : Mr. Atanu Banerjee, Sr. S.C.-III

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th 14/Dated 28 January, 2020 Heard, Mr. Nilendu Kumar, learned counsel appearing for the petitioner and Mr. Atanu Banerjee, learned counsel appearing for the respondents-State.

The petitioner has preferred this writ petition for quashing the order dated 14.08.2012 passed in L.A. Case No.8/10/11 by the District Land Acquisition Officer, Ranchi.

Learned counsel for the petitioner submits that the petitioner is the owner of the land in question which is in process of acquisition. He submits that although he has filed objection petition on 25.08.2012 but payment has been directed to be made to the legal heirs/successors of Late Budhu Singh who are respondent Nos. 4 and 5 in this case. 2

Mr. Atanu Banerjee, learned counsel for the respondent-State by way of referring paragraph No.14 of the counter affidavit and submits that in view of the said statement the writ petition can be disposed of with a direction to the respondent No.3 to decide the objection of the petitioner.

For sake of convenience the paragraph No.14 of the counter affidavit is quoted herein below:-

"14. That with regard to the statement made by the petitioner in paragraph-1, in the instant writ petition under reply, it is humbly stated and submitted that an order for payment of compensation of the acquired land in question has been passed in favour of Rukmani and Urmila Devi on 14.08.2012 as the Jamabandi of the acquire land in question stands running in their names on the basis of the Succession Mutation Case No.15/35 R 27 of 2011-12. The writ application/objector made an objection petition on 25.08.2012 to the District Land Acquisition Officer, Ranchi as such writ petitioner objection petition could be disposed of after hearing both the parties".

In view of the said statement of the counter affidavit, without going into the merit of this case, this Court directs respondent No.3 to decide the objection dated 25.08.2012 of the petitioner after providing opportunity of hearing in accordance with law, within a period of 12 weeks from the date of receipt/production of a copy of this order.

Accordingly, the writ petition stands disposed of.

(Sanjay Kumar Dwivedi, J.) Raja /-

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