Mr. Jai Shankar Tripathi vs Unknown
2023 Latest Caselaw 2302 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI

                             W.P.(C) No. 4236 of 2018
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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Jai Shankar Tripathi, Advocate For the Resp. Nos.1, 3 & 4 : Mr. Praveen Akhauri, S.C. (Mines)-I Mr. Aishwarya Prakash, A.C. to S.C. (Mines)-I For the Resp. No. 2 : Mrs. Sweety Topno, Advocate Mr. A.R. Kisku, Advocate

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10/13.07.2023 Though counter affidavits have been filed on behalf of the respondent-State as well as the respondent-National Highway Authority of India, yet nothing specific has been stated with respect to the petitioners' claim that Money Suit No. 04 of 2000 was filed by them against Union of India and others seeking declaration that they were rightful owners of Schedule 'A' property including plot nos. 447, 449, 462, 511, 664 of Khata No.-07, Mouza- Baliad and were entitled to appropriate compensation by the defendants which was allowed in their favour vide judgment dated 31.01.2006 passed by the Sub-Judge-V, Dhanbad. It has further been averred that aggrieved with the said judgment, the Chief Secretary, Government of Jharkhand, Ranchi and the Deputy Commissioner, Dhanbad preferred Money Appeal No. 02 of 2006 which was also dismissed on contest with cost vide judgment dated 16.03.2016 passed by the Principal District Judge, Dhanbad.

Under the said circumstance, the Deputy Commissioner, Dhanbad (the respondent no. 3) is directed to file a supplementary counter affidavit within four weeks covering the said aspect and responding to the petitioners' lawful claim over the plots in question so as to receive compensation.

Put up this case under the heading "For Admission" on 31.08.2023.

(Rajesh Shankar, J.) Ritesh