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2023 DIGILAW 136 (JHR)

Lathu Ram Mahato v. State of Jharkhand

2023-02-08

RAJESH SHANKAR

body2023
ORDER : Rajesh Shankar, J. I.A. No. 444 of 2023: 1. The present interlocutory application has been filed on behalf of the respondent nos. 7 to 12 and 16 to 22 for acceptance of Vaklatnamas filed on their behalf. 2. Having heard learned counsel for the parties, Vaklatnamas filed on behalf of the said respondents are accepted. 3. I.A. No. 444 of 2023 is, accordingly, disposed of. W.P.(C) No. 5572 of 2022: 4. The present writ petition has been filed for issuance of direction upon the concerned respondents to pass an order on the petitioner's representation and to refer the dispute to the Principal Civil Court of original jurisdiction for adjudication under Section 3H(4) of the National Highways Act, 1956 with regard to payment of compensation in lieu of acquisition of the land appertaining to C.S. Khata no. 07, plot nos. 245, 246, 247, 249, 250, 251, 252, 253 and 254, Mouja Jamgoria, Circle Chas, P.S. Chas, measuring total area of 4.17 acres vide L.A. Case no. 10 of 2011-2012. 5. After some argument, learned senior counsel appearing on behalf of the petitioner submits that since the petitioner has already preferred Original Suit no. 72 of 2021 against the respondent nos. 3 to 25 as well as some other private persons for declaration of his right, title, interest and possession over the land in question as also to declare certain registered sale deeds as illegal, inoperative and null and void, the petitioner may be permitted to withdraw the present writ petition with a liberty to him to pursue the said suit before the concerned court below. 6. Considering the said submission, the present writ petition is dismissed as withdrawn with the aforesaid liberty.