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2012 DIGILAW 1075 (JHR)

Bandhain Devi v. State of Jharkhand

2012-07-27

APARESH KUMAR SINGH

body2012
ORDER Learned counsel for the parties. 2. By order dated 24.04.2007, two weeks' time was allowed to file rejoinder to the counter affidavit and thereafter, on 26.06.2012 also one week's time was allowed to file rejoinder to the counter affidavit by way of last indulgence and office was directed to trace the counter affidavit and place it on record. 3. Today, when the matter is called out, again adjournment is sought for on behalf of the counsel for the petitioner to file rejoinder. Counter affidavit is on record. 4. In view of the above further adjournment for filing rejoinder is being refused. 5. This writ petition has been preferred for commanding upon the respondent nos. 2 and 3 as to why compensation has not been paid to her for construction of road from Jalkotali to Meraly over the raiyati land of the petitioner i.e. the land appertaining to R.S. Khata No. 124, R.S. Plot No. 848, Area 0.34 acres, R.S. Plot No. 834, Area .30 acres north side out of total area 1.46 acres and R.S. Plot No. 801, Area .40 acres eastern side out of total area .78 acres lying in village-Barchorgain. 6. It is submitted by learned counsel for the petitioner that petitioner is the daughter of Bali Sahu, who executed a registered deed of gift on 17.05.1999 in her favour. Petitioner claim to have obtain the said land in the said village over which the correction has also been made in Register-II and thereafter, rent receipt was also issued. It is her case that no consent was taken from her before construction of road and she requested for stoppage of said construction. It is her submission that despite requests made, the respondents are siting over the matter. 7. The respondent through their counter affidavit categorically asserted in para-9 that the villagers were suffering a lot due to lack of road and for that they had filed public petitions before the Block Development Officer and Building Construction and Transportation Minister, Government of Jharkhand. The villagers also organized a meeting in the village and voluntarily agreed and gave written consent to gift their lands for construction of the said road. The petitioner was also present in the said meeting and put her finger mark with other villagers in meeting proceeding on stamp paper, which was submitted before the concerned authorities and the Hon'ble Minister, Government of Jharkhand. The petitioner was also present in the said meeting and put her finger mark with other villagers in meeting proceeding on stamp paper, which was submitted before the concerned authorities and the Hon'ble Minister, Government of Jharkhand. Thereafter, the road was constructed by the Government money for benefit of villagers. It is further submitted in para-11 that on the application of villagers as well as this petitioner, who had voluntarily donated their respective land for the construction of the road, thereafter, neither this petitioner nor any villagers has any right to raise objection regarding the construction of the road as it is barred by estoppel. The relevant documents containing the signature and LTI of villagers including the petitioner in support of aforesaid statement are Annexed as Annexure-A Series to the counter affidavit. 8. The same has not been denied by any rejoinder as stated above. 9. However, if petitioner has any dispute relating to the documents relied upon by the respondent that itself is a disputed question of fact, which can not adjudicate in exercise of writ jurisdiction. 10. In the aforesaid facts and circumstances, no relief can be granted to the petitioner in this writ petition. However, petitioner is given liberty to agitate before Court of Civil jurisdiction in relation to her claim as aforesaid issue involved determination of question of facts relating to the documents executed by the petitioner and other persons and the road itself has been constructed by now in public interest for the people at large. 11. In view of the above, no relief can be granted, this writ petition is disposed of with aforesaid liberty.