Anubha Rawat Choudhary, J
1. Heard the learned counsel for the parties.
2. This writ petition has been filed for the following relief:
That the petitioner prays for issuance of an appropriate writ/writs, order/orders, direction /directions of or a writ, in the nature of
Mandamus, commanding & directing upon the respondents to pay the compensation in lieu of the land acquired by the respondents of
village Darha, Thana no. 157, Khata no. 99, Plot no. 707, measuring area 9.98 Acres and the same has been transferred in favour of
Jharkhand Urja Sancharan Nigan, Hazaribag, for Establishment of Grid Sub-station.
3. The learned counsel for the petitioners submits that the petitioners were in possession of the property by virtue of a registered sale deed and the
property has been handed over by the State Government to the private respondent No. 6 by treating it as their own property. He submits that in spite
of having title deeds, no compensation has been paid to them.
4. The learned counsel for the respondent state has submitted that the title of the property was with the State and therefore, there was no occasion to
acquire the land and consequently, there is no question of payment of any compensation to the petitioners. He submits that the property has been
handed over to the respondent No. 6. However, the counsel for the state has submitted that if the petitioners are aggrieved, they may move the
Deputy Commissioner who may consider their grievance and may also pass an order stating that there is title dispute so that the petitioners may have
their recourse as per law.
5. The learned counsel for the respondent No. 6 has submitted that they are in possession of the property and the sub-station has already been
constructed. The learned counsel for the respondent No. 6 has submitted that the property was transferred after due clearance from the Ministry of
Environment, Government of India.
6. To this counsel for the petitioners has submitted that the Registered sale deed cannot be disputed by the respondents.
7. After hearing the learned counsel for the parties and considering the facts and circumstances of this case and the nature of
prayer made by the petitioners, this court is of the considered view that the grievance of the petitioners is required to be looking by the respondent No.
3 at the first instance.
8. Accordingly, this writ petition is disposed of enabling each petitioner to file separate representation with all their supporting documents before the
respondent No. 3 within 2 months from today and upon receipt of the representation the respondent No. 3 is directed to pass an appropriate reasoned
order(s) with regard to the grievance of one or the other petitioner within a period of three months from the date of filing of representation(s) after
verifying the records and after hearing the concerned parties including respondent No. 6. One copy of the entire records of this case be produced
jointly by the petitioners.
9. Pending I.A., if any, is closed.
