Heard learned counsel for the petitioner, State and the Railways.

2. Petitioner approached this Court with the following prayers:

(i) To direct the respondents not to dispossess the petitioner from the land bearing Khata No.2, Plot No. 512/872 (Part), area 20 decimals and Khata No. 2, Plot No. 512/873 (Part) area 20 decimals with residential house constructed thereon in an area of 1000 square feet (approx) with boundary wall situated at Thana No. 45, Village Sihodih, P.S. Giridih (Muffasil), District Giridih.

(ii) To also direct the respondents not to dispossess the petitioner form the land with boundary wall bearing Khata No. 2, Plot No. 512/872 (Part), Thana No. 45, area 50 decimals and khata no. 2, Plot No. 512/873, area 49 decimals, situated at Mauza Sihodih, P.S. Giridih (Muffasil) District Giridih in the State of Jharkhand.

(iii) To direct the respondents to first pay the adequate compensation in terms of the provisions enshrined in the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the Act, 2013) and then to proceed further to use the lands of the petitioner for any public purpose including for the purpose of new railway line project from Koderma to Giridih in Village Sihodih, P.S. Giridih (Muffasil), District Giridih.

(iv) During the pendency of this writ petition, the respondents be restrained to demolish the residential house of the petitioner along with cattle shades constructed in Khata No. 2, Plot No. 512/872 (Part) and Plot No. 512/873 (Part) of Thana No. 45, situated at Mauza Sihodi, P.S. Giridih (Muffasil), District Giridih, without acquiring the same in accordance with the provisions enshrined in the Act, 2013 for the purpose of new railway line project form Koderma to Giridih.

3. By way of supplementary affidavit, petitioner has enclosed instrument of sale dated 23.12.1968 relating to conveyance of land by Sri Hrishikesh Bose by registered sale deed no. 22630 to Sri Raghunath Mishra of a piece of land in Khata No. 2, plot nos. 512/872 and 512/873 at Village Sihodih, PS Giridih (Muffasil), Thana No. 45, District-Giridih; sale deed no. 503/477 executed by Raghunath Mishra to one Ajay Kumar Sinha an area of 20 decimals of land of both the plots; sale deed no. 504/478 by the same vendor to Manoj Kumar and Others of similar area of 20 decimals in both the plots; sale deed no. 11601/10233 dated 05.09.2011 by which one Kanhai Lal Bhageriya power of attorney holder of one Rajeev Kumar Sah sold an area of 40 decimals out of these two plots to the petitioner (Kanhai Lal Bhageriya is said to be power of attorney holder of one Rajeev Kumar Sah in whose favour land was sold through deed no. 11742/10443 by power of attorney holders of Ajay Kumar Sinha and Manoj Kumar).

4. Sale deed dated 16.01.2004 executed by Haribansh Mishra to Sneha Sinha and Manoj Kumar Sinha for an area of 49 decimals and 50 decimals respectively. Their power of attorney holder Sunil Kumar Barnwal sold these lands to petitioner by register sale deed no. 8011 dated 22.09.2012.

5. Petitioner contends that ownership and title of the property devolved upon her through these conveyance deeds by which lands were mutated and revenue receipts have been issued in respect of sale deed dated 22.09.2012. In respect of other 40 decimals of land also, rent receipts have been issued from 10.07.2012 onwards. However, petitioner was aggrieved by the action of the respondent in construction of railway line over these pieces of land without any acquisition and compensation paid. That compelled the petitioner to approach this Court.

6. Respondent nos. 3 and 4 filed their counter affidavit inter alia stating at para-9 as follows :-

“That at the very outset it is submitted that admittedly Plot No. 512 besides other plot appertaining to Khata No. 2 of village Sihodih, Thana No. 45 of District Giridih is Gairmazzurwa Khas land. On the claim of petitioner of the writ petition an enquiry proce