SUNIL MAJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioners confines the prayer to the extent of issuance of direction upon the respondent no.4 to pay suitable compensation to the petitioners in terms of judgment/award dtd. 19/7/2011 passed by the Land Acquisition Judge, Dhanbad in L.A. Ref. Case no.22 of 2010.

(2.) Learned counsel for respective respondents raise preliminary objection with regard to maintainability of the writ petition on the ground that the petitioners instead of taking recourse provided under Order XXI CPC have directly filed the present writ petition invoking Article 226 of the Constitution of India. It is further submitted that the aforesaid judgment/award dtd. 19/7/2011 is deemed to be a decree in terms with the provision of Sec. 26 of the Land Acquisition Act, 1894.

(3.) Having heard learned counsel for the parties and considering the aforesaid objection raised by respective counsel for the respondents, this Court is not inclined to entertain the present writ petition and the same is, accordingly, dismissed as not maintainable.