Jharkhand High Court
Ajay Kumar Prasad & Others vs Union Of India & Others on 6 June, 2022
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P.(C) No. 5186 of 2019
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Ajay Kumar Prasad & Others ..... Petitioners Versus Union of India & Others ..... Respondents CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............
For the Petitioners : Mr. Amar Kumar Sinha, Advocate For the Respondents/State : Ms. Shalini Sahdeo, A.C. to Mr. Mukesh Kumar Sinha, Sr. S.C.-I For the Respondent/UOI : Ms. Khushboo Kataruka, Advocate.
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06/06.06.2022.
Heard, learned counsel for the parties.
Learned counsel for the petitioners, Mr. Amar Kumar Sinha has submitted, that petitioners have preferred this writ petition for direction upon the respondents/State as well as Union of India for quashing the award nos.151 and 146, published by the District Land Acquisition Officer, Hazaribag in L.A. Case No.39/2012-2013, whereby illegal order has been passed in favour of respondents.
Learned counsel for the petitioners has subsequently submitted, that I.A. No.11713/2019 has been filed to confine their prayer with respect to restraining the respondent-authority from demolishing the house and other structures standing on portion of the lands being plot No.2163/2374 of Khata No.187/61 situated at Village- Barshot, P.S.- Barhi, District- Hazaribagh in the garb of the award passed by the District Land Acquisition Officer, Hazaribagh in L.A. Case No.39/2012-2013.
Learned counsel for the respondents /State, Ms. Shalini Sahdeo, A.C. to Mr. Mukesh Kumar Sinha, Sr. S.C.-I has submitted, that counter- affidavit has been filed by the Circle Officer, Barhi stating at paras-16 and 21 of which relevant facts may profitably be quoted hereunder:-
"16. It is stated that the plot No.2163/2374 of Village- Barshot, P.S.- Barhi, District- Hazaribagh has not been acquired as yet.
21. It has been stated that the land and pacca building and khaparposh house were taken in possession only after acquisition. However, whether the acquired property be-longed to the petitioner has to be decided by the competent court of law."-2-
Learned counsel for the respondent / Union of India, Ms. Khushboo Kataruka has submitted, that since the land has not been acquired as claimed by the petitioners of plot No.2163/2374 of Village- Barshot, P.S.- Barhi, District- Hazaribagh, no writ can be issued under Article 226 of the Constitution of India.
Learned counsel for the respondent / Union of India has further submitted, that writ petition is not maintainable in view of provisions of Section 3 H of the National Highway Authority Act, as such, writ petition may be dismissed.
Learned counsel for the petitioners, Mr. Amar Kumar Sinha in view of the counter affidavit filed by the State and the submission made by learned counsel for the Union of India seeks permission to withdraw this writ petition, so as to avail legal remedy available under the law.
Prayer is allowed with aforesaid permission to the petitioners. Accordingly, the instant writ petition is disposed of. I.A. No.11713/2019 and I.A. No.151/2021 stand closed.
(Kailash Prasad Deo, J.) Jay/