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2020 DIGILAW 5 (JHR)

Devendra Nath Mahato v. State Of Jharkhand

2020-01-06

SANJAY KUMAR DWIVEDI

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JUDGMENT 1. Heard Mr. Vishal Kumar Tiwari, learned counsel for the petitioners and Mr. Vineet Prakash, learned A.C. S.C. (L&C)-I appearing for the respondent- State. 2. The petitioners have preferred this writ petition for a direction upon the respondents for making payment of the land acquired for the purpose of Swarnarekha Project, which appertains to Village: Basurda, Thana No.13, Khata No.42, Plot No.592, Area 49 decimals, total area 1 acre 81 decimals on the ground that the payment of aforesaid acquired land has not been made to the petitioners. By way of referring Annexure-1 to the writ petition, Mr. Vishal Kumar Tiwari, learned counsel for the petitioners submits that there are several khata numbers at page-20 but the petitioners are concerned to the Khata No.42 only. He further submits that the petitioners have also filed representation before respondent no.3-The Deputy Commissioner, Saraikella-Kharsawan as contained in Annexure-7 to the writ petition but no decision has been taken as yet. 3. On the other hand, Mr. Vineet Prakash, learned A.C. S.C. (L&C)-I appearing for the respondent-State submits that there is dispute in this writ petition and the same cannot be decided under extraordinary jurisdiction under Article 226 of the Constitution of India. 4. Without going into the merits of the case, the petitioners are at liberty to approach afresh and satisfy the respondent no.3-The Deputy Commissioner, Saraikella-Kharsawan with regard to the claim of the petitioners within three weeks from the date of receipt/production of copy of this order and the respondent no.3 will decide the representation of the petitioners in accordance with law within four weeks thereafter. 5. Accordingly, the writ petition stands disposed of with the above directions and observations.