SHADAT HUSSAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the petitioner, Mr. Rahul Kumar Gupta assisted by learned counsel, Mr. Pramod Kumar Jha, learned counsel for the respondents/State, Mr. Ratnesh Kumar, S.C. (L&C)-I and learned Amicus Curiae, Mr. V.P. Singh, Senior Counsel assisted by learned counsels, Mrs. Ritu Kumar and Mr. Indrajit Sinha.

(2.) Learned counsel for the petitioner, Mr. Rahul Kumar Gupta has submitted, that petitioner - Shadat Hussain has preferred this writ petition on 25/2/2019 before this Hon'ble Court, impleading the State of Jharkhand as respondent no.1, the Deputy Commissioner, Deoghar as respondent no.2, the Additional Collector, Deoghar as respondent no.3, the Land Reforms Deputy Collector, Deoghar as respondent no.4 and the Sub-Divisional Officer, Deoghar as respondent no.5, for a direction upon the respondents to pay the compensation to the petitioner, for the land situated at Mouza- Asahana No.606, Jamabandi No.12, Dag No.01 which has been settled in the name of the petitioner's father under 'Amalanama' dtd. 5/6/1938 by the learned court of the Sub- Divisional Magistrate, Deoghar in Settlement Case no.38 of 1938-39 on 30/5/1940 and since then the cultivation is going on the aforesaid land after paying rent, but the same has been acquired by the Government for the purpose of extension of Airport without giving any prior notice, which is illegal, malafide and unconstitutional on part of the State Authorities.

(3.) Learned counsel for the petitioner has submitted, that petitioner has approached the authorities by showing the relevant documents and claiming over the said land, on the basis of decision passed in R.M. Case No.129 of 1961-62 by the Sub-Divisional Officer, Deoghar on 26/5/1965 and thereafter, his name was entered in Register-II and accordingly on payment of rent, the rent receipts have also been issued to the petitioner.