S. Chandrashekhar, J. - (1.) SEEKING quashing of order dated 07.05.2012 in Misc. Case No. 1 of 2011 -12, the present writ petition has been filed.
(2.) BRIEFLY stated, the father/grand -father of the petitioners acquired the land comprised in P.S. No. 114, Khata No. 20, Plot No. 2323, admeasuring 5.84 acres and about 1.48 acres in Plot No. 2324, total measuring 7.32 acres by virtue of a Hukumnama granted by the Ex -Landlord, on payment of Salami of Rs. 65/ - on 03.04.1943. After the death of Jhagru Mahato, the petitioners came in possession and cultivated the said land. In the year, 2002 -03, an area of 3.44 acres from Plot No. 2323 and 1.24 acres from Plot No. 2324 were acquired by the respondent for the purpose of construction/expansion of the Railway Line from Koderma to Ranchi via Barkakana. The land acquisition proceeding was initiated under Section 17 of the Land Acquisition Act and in the said proceeding notice was issued to the petitioners directing them to produce relevant documents. The petitioners submitted documents for verification on 25.11.2002 and a proceeding in Case No. 17 of 2008 -09 was initiated and the Circle Officer after verification recommended that raiyati status cannot be granted and the record was sent to the Deputy Collector Land Reforms, Ramgarh. Vide order dated 20.05.2010, the application seeking grant of raiyati status submitted by the petitioners was rejected. The petitioners preferred Misc. Appeal No. 18 of 2010 -11 before the Additional Collector, Ramgarh and the Additional Collector recommended for grant of raiyati status to the petitioners for about 4.68 acres of land in Khata No. 20 of Village -Mandu. The Deputy Commissioner came to the conclusion that the jamabandi -holder is entitled for compensation to be paid by the Railway Department. However, since no compensation was paid to the petitioners, they approached this Court in W.P.(C) No. 1130 of 2012 which was disposed of vide order dated 21.03.2012 directing the District Land Acquisition Officer to consider the claim of the petitioners and pass appropriate order within six weeks. In pursuance thereof, the District land Acquisition Officer passed order dated 07.05.2012 which has been challenged by the petitioners in the present proceeding. A counter -affidavit has been filed denying the averments made in the writ petition. It is stated that the Sada Hukumnama submitted by the petitioners is false and fabricated document. It has further been denied that the land comprised in Plot No. 2323 and Plot No. 2324, total area 4.68 acres allegedly belonging to the petitioners has ever been acquired rather, the Railway Authorities were allowed to start construction of work. The said land is recorded as Gair Majurwa Khas land belonging to the State of Jharkhand.
(3.) HEARD the learned counsel appearing for the parties.;