Shankar Varnwal vs The State Of Jharkhand
2023 Latest Caselaw 1111 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  W.P.(C) No. 1790 of 2020
            1. Shankar Varnwal
            2. Gopal Das
            3. Pankaj Singh
            4. Jumrati Miyan
            5. Bijay Kumar Roy
            6. Shiv Shankar Singh
            7. Damodar Prasad Varnwal
            8. Badri Narayan Mahto
            9. Vindo Mahto
            10. Lakhan Roy                                             ..... Petitioners
                                             Versus
            1. The State of Jharkhand
            2. The Deputy Commissioner, Deoghar
            3. The District Land Acquisition Officer, Deoghar
            4. The Jharkhand Industrial Area Development Authority, through its Managing
            Director, Ranchi                                           ..... Respondents
                                              -----

CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

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            For the Petitioners:        Mr. Shubhashis Rasik Soren
                                        Mr. Lalit Yadav
            For the State:              Mr. Ankit Kumar, A.C to G.P-VI
            For the JIADA:              Mr. R. C. P. Sah
                                              -----


05/14.03.2023     The present writ petition has been filed for quashing the entire land

acquisition proceeding of L. A. Case No. 16/2006-07 by which the petitioners'

lands have been acquired for development of industrial area at the cost of the

State Government, however according to them, the same are being handed over

to different business men for carrying on business which is not in the interest of

the government, rather is in the interest of those private business men.

Mr. Ankit Kumar, learned A.C to G.P-VI appearing on behalf of the State-

respondents as well as Mr. R. C. P. Sah, learned counsel for the respondent-

JIADA, jointly submit that a writ petition being W.P.(C) No. 1145/2020 (Sahdev

Prasad Yadav & Ors. Vs. The State of Jharkhand & Ors.) involving similar issue

has already been dismissed by a coordinate Bench of this Court vide order dated

09.11.2022.

Heard learned counsel for the parties and perused the order dated

09.11.2022 passed by a coordinate Bench of this Court in W.P.(C) No.

1145/2020, the operative part of which reads as under:

"Learned counsel for the respondent Nos.1 to 3 Mr. Pradeep Kumar, AC to AAG-IV has submitted, that once a land has been acquired by the State, it is upon the State to utilize it for any other purposes.

Learned counsel for the respondent no.4, Mr. R.C. P. Sah has submitted, that the land has been acquired for the purpose of industrial area and the same is being granted to the entrepreneur for development of industries, as such the land which has been acquired by Land Acquisition Case No. 07/2009-10 cannot be returned to the petitioners at any cost.

Considering the submissions of the learned counsel for the parties, the writ petition is hereby dismissed as the land has been rightly acquired by the State and is being used, in view of the Hon'ble Supreme Court judgment, for development of industrial growth in the State of Jharkhand.

Accordingly, the writ petition is hereby dismissed."

Since the present writ petition involves similar issue as raised in W.P.(C)

No. 1145/2020 which has already been dismissed by a coordinate Bench of this

Court vide order dated 09.11.2022, the present writ petition is also dismissed in

terms with the said order.

Satish/-                                                           (RAJESH SHANKAR, J)