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2022 Supreme(Jhk) 510

SUJIT NARAYAN PRASAD
Dalgobind Manjhi – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sameer Saurabh.
For the Respondents: Mr. R.K. Shahi, Mr. Amar Kr. Sinha, Mrs. Sweety Topno.

JUDGMENT :

1. This writ petition is under Article 226 of the Constitution of India for quashing the order dated 02.09.2013 passed in Land Acquisition Case No.03/2010-11 by the respondent no.3, by which, the claim of the petitioners regarding apportionment of the amount has been rejected with a decision to make payment in favour of respondent no.4 by holding him to be the exclusive title holder of the land discarding the case of the writ petitioners, while according to the writ petitioners, both the writ petitioners and the respondent no.4 are the co-owners of the land in question in the capacity of siblings.

2. The brief facts of the case, as per the pleading made in the petition, required to be enumerated which reads as under:-

It is the case of the writ petitioners that as per the provision of the National Highway Act, 1956, the Ministry of Road Transport and National Highway, Government of India vide notification dated 27.08.2011 published in the daily High Newspaper on 26.09.2011, by which, the land of Bundu, Tamar were acquired for widening of National Highway No.33 and it has also been mentioned that the land details mentioned in the notification dated 27.08.2011 are being decl

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