RAJANI KOIRI @ KOIRY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned counsel for the State.

(2.) IT appears that service of notice was treated to have been validly served upon the respondent No.6 despite thereof no one appeared on behalf of the respondent No. 6 to contest the writ petition.

(3.) IT is submitted on behalf of the counsel for the petitioner by referring to the averment made in the writ petition and other affidavits brought on record that pursuant to the order of the Special Land Acquisition Officer dated 31st March. 2006. Annexure A to the supplementary counter affidavit of the respondent - State the entire amount of compensation in lieu of acquisition of the aforesaid piece of land has been paid to the respondent No.6 vide cheque No. 0089504 dated 31st March, 2006 issued in the name of respondent No.6 to be honoured by the Union Bank of India. Chandil. It is the contention of the petitioner that a notification for acquisition of the said land was issued in connection with Swarna Rekha Multipurpose Project. Chandil and the petitioner along with his two brothers respondent No. 6 and another Durga Charan Koiri who were in possession of the aforesaid land in question in equal share. made their objection. It is further submitted by referring to Annexure 1 to the writ petition that the petitioner was served notice under Section 9 of the Act along with other co -sharers who filed objection as contained Annexures 2 and 2/1 clearly stating that his father Doman Koiri died leaving behind five sons out of which one son Purna Chandra died issueless and Gauri Nath died leaving behind his son Shanti Koiri who is respondent No.6 and other son Mukund died leaving behind his only daughter Sanu who had never made any claim over the property of her grandfather. The genealogy of the petitioner's family was also furnished in the objection.