AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. Niraj Kishore, counsel appearing on behalf of the petitioner.Â
Heard Mrs. C. Prabha, counsel appearing on behalf of respondent-state and Mr. D.C. Mishra, counsel appearing on behalf of respondent no. 4.Â
This writ petition has been filed for the following reliefs:-Â
For issuance of direction upon the respondent nos. 2 to 3 to refer the dispute as to right to receive compensation with respect to land appertaining to
Plot No. 987, Khata No. 19 of Village Chhota Puria, District Dumka, under Section 30 of the Land Acquisition Act in Land Acquisition under
notification dated 16.12.2009 (Annexure-3).Â
For issuance of further direction upon the respondent nos. 1,2 and 3 not to disburse any portion of compensation with respect to land appertaining to
Plot No. 987 of Khata No. 19 of Village Chhota Puria till the disposal of reference under Section 30 of Land Acquisition Act by the Award of
Learned Judge, at Dumka.Â
Counsel for the respondent-state at the outset submitted that there appears to be some dispute between the petitioner and the private respondents
and if the matter is referred to respondent no. 2, he shall look into the matter and if required may refer the matter for adjudication under Section 30 of
the Land Acquisition Act.Â
Upon this submission being made by counsel for the respondent-state, counsel for the petitioner as well as counsel for the private respondents also
submit that the matter may be referred to respondent no. 2 for taking appropriate decision in the matter. However, counsel for the petitioner submits
that till the matter is decided, the award which has been prepared in the name of private respondents may not be disbursed to the private
respondents.Â
After hearing counsel for the parties, and considering the facts and circumstances of this case, the writ petition is disposed of giving liberty to the
writ petitioner to file fresh representation before the respondent no. 2 within a period of four weeks from today raising all his grievances beforeÂ
the respondent no. 2 along with a copy of this order and the respondent no. 2 is directed to dispose of the representation of the petitioner and consider
his grievances after hearing the respondent no. 4 herein and if required may refer the dispute under Section 30 of the Land Acquisition Act. The
Deputy Commissioner is directed to take final decision within a period of four weeks after receipt of a copy of the representation. Counsel appearing
for the respondent no. 4 also submits that his client will suo motu appear before the Deputy Commissioner for the purposes of hearing and also file a
copy of this order.Â
From the order sheet it appears that interim order dated 13.01.2011 was passed in favour of the petitioner and accordingly the amount of the award
has not been disbursed in favour of the private respondent.Â
Considering the dispute involved in this case it is directed that the award amount will not be disbursed in favour of respondent no. 4 herein till the
matter is decided by the respondent no. 2 pursuant to the aforesaid representation to be filed by the petitioner along with a copy of this order.Â
This writ petition is disposed of with the aforesaid observation and direction.Â