Jharkhand High Court
Lachhman Mandal vs State Of Jharkhand on 23 March, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No.616 of 2020
With
W.P. (C) No.615 of 2020
With
W.P. (C) No.617 of 2020
With
W.P. (C) No.618 of 2020
With
W.P. (C) No.621 of 2020
With
W.P. (C) No.622 of 2020
With
W.P. (C) No.630 of 2020
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Lachhman Mandal .......... Petitioner.
[In W.P.(C) No.616/2020]
Subhash Prasad Yadav .......... Petitioner.
[In W.P.(C) No.615/2020]
Md. Izhar Alam .......... Petitioner.
[In W.P.(C) No.617/2020]
Mahaveer Mandal .......... Petitioner.
[In W.P.(C) No.618/2020]
Sanjeev Kumar Yadav .......... Petitioner.
[In W.P.(C) No.621/2020]
Kamdev Mandal .......... Petitioner.
[In W.P.(C) No.622/2020]
Baldev Kol .......... Petitioner.
[In W.P.(C) No.630/2020]
-Versus-
1. State of Jharkhand
2. The Secretary, Department of Land & Revenue, Project Building,
Dhurwa, Ranchi.
3. The Deputy Commissioner, Deoghar.
4. The Sub Divisional Officer, Deoghar.
5. The District Land Acquisition Officer, Deoghar.
6. The Circle Officer, Devipur, District Deoghar.
7. The Block Development Officer, Devipur, District Deoghar.
8. Officer-in-charge, Devipur, District Deoghar.
.......... Respondents.
[In all cases]
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners : Md. M. Khan, Advocate
[In all cases]
For State : Mr. Rakesh Kumar Roy, A.C. to G.A.III
[In all cases]
-----
Order No.10 Date: 23.03.2023
1. W.P.(C) No.616 of 2020 has been filed for issuance of direction upon
the respondent no.3 to stop allotment/handing over the possession of
irrigated multi-cropped land of Jamabandi holders/ raiyats including
that of the petitioner and his co-sharers, appertaining to J.B. no.11,
plot no.443, measuring an area of 3.93 acres, Mouja Kokhara, Thana
no.176, P.S. & Circle Devipur, District Deoghar, for the purpose of
opening Small Scale Industries by the industrialists.
2. W.P.(C) No.615 of 2020 has been filed for issuance of direction upon
the respondent no.3 to stop allotment/handing over the possession of
irrigated multi-cropped land of Jamabandi holders/ raiyats including
that of the petitioner and his co-sharers, appertaining to J.B. no.27,
plot nos.424, 427, 438, 439, 441 & 429, measuring an area of 9.65
acres, Mouja Kokhara, Thana no.176, P.S. & Circle Devipur, District
Deoghar, for the purpose of opening Small Scale Industries by the
industrialists.
3. W.P.(C) No.617 of 2020 has been filed for issuance of direction upon
the respondent no.3 to stop allotment/handing over the possession of
irrigated multi-cropped land of Jamabandi holders/ raiyats including
that of the petitioner and his co-sharers, appertaining to J.B. no.23,
plot no.434, measuring an area of 1.53 acres, Mouja Kokhara, Thana
no.176, P.S. & Circle Devipur, District Deoghar, for the purpose of
opening Small Scale Industries by the industrialists.
4. W.P.(C) No.618 of 2020 has been filed for issuance of direction upon
the respondent no.3 to stop allotment/handing over the possession of
irrigated multi-cropped land of Jamabandi holders/ raiyats including
that of the petitioner and his co-sharers, appertaining to J.B. no.03,
plot no.447, measuring an area of 6.82 acres, Mouja Kokhara, Thana
no.176, P.S. & Circle Devipur, District Deoghar, for the purpose of
opening Small Scale Industries by the industrialists.
5. W.P.(C) No.621 of 2020 has been filed for issuance of direction upon
the respondent no.3 to stop allotment/handing over the possession of
irrigated multi-cropped land of Jamabandi holders/ raiyats including
that of the petitioner and his co-sharers, appertaining to J.B. no.13,
plot nos.430, 431, 432 & 433, measuring an area of 1.83 acres, Mouja
Kokhara, Thana no.176, P.S. & Circle Devipur, District Deoghar, for the
purpose of opening Small Scale Industries by the industrialists.
6. W.P.(C) No.622 of 2020 has been filed for issuance of direction upon
the respondent no.3 to stop allotment/handing over the possession of
irrigated multi-cropped land of Jamabandi holders/ raiyats including
that of the petitioner and his co-sharers, appertaining to J.B. no.21,
plot no.448, measuring an area of 11.80 acres, Mouja Kokhara, Thana
no.176, P.S. & Circle Devipur, District Deoghar, for the purpose of
opening Small Scale Industries by the industrialists.
7. W.P.(C) No.630 of 2020 has been filed for issuance of direction upon
the respondent no.3 to stop allotment/handing over the possession of
irrigated multi-cropped land of Jamabandi holders/ raiyats including
that of the petitioner and his co-sharers, appertaining to J.B. no.10,
plot nos.428, 437 & 442, measuring an area of 7.95 acres, Mouja
Kokhara, Thana no.176, P.S. & Circle Devipur, District Deoghar, for the
purpose of opening Small Scale Industries by the industrialists.
8. Mr. Rakesh Kumar Roy, learned A.C. to G.A.III, appearing on behalf of
the respondents in all the writ petitions submits that a similar writ
petition being W.P.(C) No.1145 of 2020 (Sahdev Prasad Yadav & Ors.
Vs. The State of Jharkhand & Ors.) has been dismissed by a co-
ordinate Bench of this Court vide order dated 9th November, 2022.
9. I have perused the order dated 9th November, 2022 passed by a co-
ordinate Bench of this Court in W.P.(C) No.1145 of 2020, relevant 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."
10. Since the present batch of writ petitions involve similar issue as raised
in W.P.(C) No.1145 of 2020, which has already been dismissed by a
coordinate Bench of this Court vide order dated 9th November, 2022,
the same are also dismissed in terms with the said order.
11. Pending interlocutory application(s), if any, in respective writ
petition(s) is/are also dismissed.
(Rajesh Shankar, J.)
Sanjay/
