ANGAD KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India whereby and whereunder direction has been sought for upon the respondents to pay the entire amount of compensation in his favour on account of the acquisition of land pertaining to Khata No.70 Plot No.1234, Area 0.07 acres of Mouza- Ormanjhi, P.S.- Ormanjhi, District- Ranchi which has been acquired for expansion of road of NH-33 vide Land Acquisition Case No.10 of 2009-10.

(2.) It is the case of the petitioner that the petitioner is to absolute owner of the land in question but after conclusion of the land acquisition proceeding, the compensation amount pertaining to the land has been disbursed in favour of the private respondents without examining their right and title.

(3.) Learned counsel appearing for the State respondent as also appearing for the National Highway Authority of India, has jointly submitted that the petitioner is relying upon the judgment rendered by this Court in the case of Etwa Oraon (supra) but the said judgment is not applicable in the facts and circumstances of this case in view of the fact that the said order has been passed considering the stand taken therein regarding disbursement of amount in favour of the wrong person which has been admitted by the State-respondent it is evident from Paragraph-5 thereof, but herein no such admission has been made by the State respondent in the counter affidavit, therefore, the submission has been made that the petitioner raising disputed question of fact regarding disbursement of money in favour of the private respondents which cannot be adjudicated in a summary proceeding like the writ jurisdiction under Article 226 of the Constitution of India.