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2018 Supreme(Jhk) 2712
IN THE HIGH COURT OF JHARKHAND AT RANCHI
D.N. Patel, Amitav K Gupta, JJ.
Ramdeo Prasad Kushwaha - Appellant
Versus
State Of Jharkhand - Respondent
Letters Patent Appeal No. 670 of 2015
Decided On : 05-11-2018
Mukesh Bihari Lal, Adv., V.K. Prasad, Adv.
The judgment emphasizes the importance of resolving highly disputed questions of fact and provides the appellants with the opportunity to seek relief through a civil suit.
Headnote:
Land Acquisition - Road Construction - W.P.(C) No. 6946 of 2013 - [Jharkhand Land Acquisition Act, 2013] - [Section 16, Section 17] - The court upheld the judgment and order of the learned Single Judge, as the highly disputed question of fact was involved regarding whether the road was constructed on the land of the appellants or on the governmental land. The court reserved liberty for the appellants to file a civil suit with an injunction application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure.
Fact of the Case:
The Letters Patent Appeal was filed by the original petitioners who were aggrieved by the judgment and order delivered by the learned Single Judge in W.P.(C) No. 6946 of 2013, regarding compensation for land acquired for the construction of a road.
Finding of the Court:
The court maintained the order of the learned Single Judge, as the highly disputed question of fact was involved regarding the location of the road construction.
Issues: The main issue was whether the road was constructed on the land of the appellants or on the governmental land.
Ratio Decidendi: The court did not interfere with the order passed by the learned Single Judge, as the ownership and the situation of the road were highly disputed questions of fact.
Final Decision: The Letters Patent Appeal was disposed of, and liberty was reserved for the appellants to file a civil suit with an injunction application.
JUDGMENT
D. N. Patel, J. - This Letters Patent Appeal was disposed of vide order dated 3rd January, 2018, but, the concerned stenographer could not find the papers of the Letters Patent Appeal and, hence, he placed the typed order before us in the last week and, hence, this matter was ordered to be listed today.
2. It ought to be kept in mind by the Registry of this Court that some methodology ought to be evolved so that whenever stenographer is taking dictation, there should be inbuilt checking mechanism that which order is signed by the Judges and thereafter which order is uploaded. Either some register should be opened by the stenographer or on computer they can make separate folder. We, therefore, direct the Registry of this Court to place the matter before Hon''ble the Chief Justice for taking appropriate decision on administrative side, both procedure wise as well as for the departmental action, which shall be initiated against any of the erring officer(s) of this Court.
3. Following order was passed on 3rd January, 2018 in L.P.A. No. 670 of 2015:
| "IN THE HIGH COURT OF JHARKHAND AT RANCHI |
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| L.P.A. No. 670 of 2015 |
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| 1. Ramdeo Prasad Kushwaha, S/o Late Baijnath Mahto |
| 2. Sahdeo Prasad Kushwaha, S/o Todi Narayan Mahto |
| 3. Yogeshwar Prasad Kushwaha, S/o Late Meglal Mahto |
| All resident of village-Naiyadih via Mirjaganj, P.O.-Kurhebindo, |
| P.S. Jamua, District-Giridih. |
| .... Petitioners/Appellants |
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| Versus |
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| 1. The State of Jharkhand |
| 2. Dy. Commissioner, Giridih, P.O. + P.S.-Giridih, District-Giridih. |
| 3. Block Development Officer, Jamua, P.O. + P.S.- Jamua, DistrictGiridih. |
| 4. The Circle Officer, P.O. + P.S.-Jamua, District Giridih. |
| 5. Mukhiya, Kurhebindo Gram Panchaiyat, P.S.-Jamua, P.O. Kurhebindo, District-Giridih. |
| 6. Naresh Turi, S/o Sri Hemlal Turi, R/o village-Kurhebindo, P.O. Kurhebindo, P.S. Jamua, District Giridih. |
| . ..... Respondents/Respondents |
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| CORAM: HON'BLE THE ACTING CHIEF JUSTICE |
| HON'BLE MR. JUSTICE AMITAV K. GUPTA |
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| For the Appellants : M/s Sudarshan Srivastava, |
| M.B. Lal & Sunil Kumar, Advocates |
| For the State : Mr. Vikash Kishore Prasad, S.C.(L&C) |
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| 10/Dated: 3rd January, 2018 |
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| Oral order: |
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| Per D.N. Patel, A.C.J.: |
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| 1. This Letters Patent Appeal has been preferred by the original petitioners being aggrieved and dissatisfied by the judgment and order delivered by the learned Single Judge in W.P.(C) No. 6946 of 2013, judgment and order dated 05.10.2015 whereby, the petition of these appellants for awarding compensation for the land acquired for the construction of road has not been accepted by the learned Single Judge and hence, the original petitioners have preferred this Letters Patent Appeal. |
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| 2. Having heard counsels for both the sides and looking to the facts and circumstances of the case, it appears that these appellants are original petitioners who have alleged that they are owners of the following plot numbers, which were purchased through three different registered sale deeds:- |
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| (i) 1597; |
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| (ii) 1598; |
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| (iii) 1599; |
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| (iv) 1620; |
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| (v) 1624; |
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| (vi) 1625; |
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| (vii) 1601; |
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| (viii) 1614; |
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| (ix) 1630; |
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| (x) 2162 and |
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| (xi) 2102 |
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| -total at measuring 5.44 acres. |
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| 3. It is further alleged by the counsel for the appellants (original petitioners) that the Government has constructed road through agency, who is respondent no.6, from Bhartu Mahto house to Tejo Puri house and in between these two points the road has been constructed upon the plots belonging to these appellants being plot nos. |
