Bina Devi Umar @ Bina Devi vs State Of Jharkhand & Others

Sanjay Kumar Dwivedi, J

Mr. Onkar Nath Tiwary, learned counsel for the petitioner undertakes to remove the surviving defects within one week.

Let him do so.

It has been disclosed in the petition that the land situated in Mouza Rohini, Thana no.196, Jamabandi no.275, measuring an area of 23.73 acres of Lakhraj in nature was recorded in the name of Birendra Mitra, who is recorded tenant and his legal heir namely Atindra Nath Mitra sold out the aforesaid land by executing registered sale deed dated 30.05.1960 in favour of Prahlad Prasad Shah. It has further been disclosed that Prahlad Prasad Shah applied for the mutation i.e. Mutation Case No.253 of 1971-72 before the Circle Officer, Deoghar and the enquiry report was made by the Halka Karamchari to the Circle Officer, Deoghar and on that basis the then Circle Officer, Deoghar mutated the land in favour of Prahlad Prasad Shah. Prahlad Prasad Shah died by leaving behind three sons and one daughter i.e. Brahmdeo Umar (husband of the petitioner), Bajrang Prasad Shah, Dashrath Shah and daughter Mina Devi. It has also been disclosed that Deoghar Collectorate by issuing notification acquired the said land for the public purpose for construction of bypass road. The concerned respondent has initiated the process of physical acquisition of property and the aforesaid land is being physically acquired without payment of the compensation amount to the petitioner, however the Award has been prepared in favour of them. It has been disclosed that the compensation amount has been paid to other persons. It has been alleged that the amount in question has not been paid to the petitioner and the respondent has proceeded to demolish the property in question.

Let notice be issued upon the respondents in the main petition as well as I.A. No.4361 of 2022. Mr. Ashutosh Anand, learned counsel for the State waives notice on behalf of the respondents and he is seeking two weeks' time to take instruction and file counter affidavit.

Time, as prayed for, is allowed.

In the meantime, status quo as on today so far as the property in question which is the subject matter of this case, shall be maintained by the parties.

Let this matter appear on 07.06.2022 within top ten cases before the Bench having the roster.