Shahnaz Khatoon vs Smt. Puja Singhal
2022 Latest Caselaw 2248 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cont. Case (Civil) No. 712 of 2019
            Shahnaz Khatoon                                        ..... Petitioner
                                            Versus
            Smt. Puja Singhal, Secretary, Department of Agriculture, Animal Husbandry &
            Co-operative, Government of Jharkhand, Ranchi & Others
                                                                   ..... Opposite Parties
                                              -----

CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

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            For the Petitioner:         Mr. Kumar Harsh
            For the O.Ps:               Mr. Sarabil Ahmed, A.C to S.C (Mines)-I
                                              -----


12/24.06.2022     A supplementary show cause affidavit has been filed on behalf of the

O.P.No.3 annexing a copy of the judgment dated 16.02.2022 passed by the

learned Division Bench of this Court in L.P.A. No. 665/2019, concluding part of

which reads as under:

"33. The learned Single Judge has taken into consideration the fact about the use of pond which is to be used for the people at large, therefore, has passed the order for not dispossessing the writ petitioner, save and except, directed the respondent authorities to initiate acquisition proceeding of the said land and pay suitable compensation in lieu thereof.

34. Therefore, according to the considered view of this Court and as per the discussions made hereinabove, the conclusion arrived at by the learned Single Judge requires no interference.

35. In the result, the instant appeal fails and is, dismissed.

36. However, we modify the order to the extent that if the appellant State wants to challenge the Hukumnama, this order will not preclude the State authorities in moving before the court of competent jurisdiction.

37. Interlocutory Application being I.A. Nos. 9501 of 2019, 6343 of 2021, 9 of 2022 and 61 of 2022 stand dismissed."

Despite the fact that the aforesaid L.P.A preferred by the State of

Jharkhand against the judgment dated 18.04.2018 passed by this Court in

W.P.(C) No. 1667/2017 has already been dismissed on 16.02.2022, the opposite

parties have not averred anything with respect to the process initiated for

compliance of the order dated 18.04.2018 passed by this Court.

At this juncture, Mr. Sarabil Ahmed, learned A.C to S.C (Mines)-I

appearing on behalf of the opposite parties, on instruction, submits that they

are facing difficulty in complying the aforesaid order passed by this Court as the

Deputy Commissioner, Ranchi as well as the District Land Acquisition Officer,

Ranchi, who have to take steps for initiation of the acquisition proceeding of the

land in question and to pay appropriate compensation to the petitioner in lieu of

her dispossession, were not made the party respondents in the aforesaid writ

petition.

Learned counsel for the petitioner submits that he will be filing an

application for impleading the aforesaid authorities as the opposite parties in the

present contempt application. He accordingly prays for two weeks' time for the

said purpose.

In view of the said prayer, put up this case after two weeks under

appropriate heading.

Satish/-                                                          (RAJESH SHANKAR, J)