Mr. Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioner, State and the Railways.
(2.) Petitioner approached this Court with the following prayers: (i) To direct the respondents not to dispossess the petitioner from the land bearing Khata No.2, Plot No. 512/872 (Part), area 20 decimals and Khata No. 2, Plot No. 512/873 (Part) area 20 decimals with residential house constructed thereon in an area of 1000 square feet(approx) with boundary wall situated at Thana No. 45, Village Sihodih, P.S. Giridih (Muffasil), District Giridih. (ii) To also direct the respondents not to dispossess the petitioner form the land with boundary wall bearing Khata No. 2, Plot No. 512/872 (Part), Thana No. 45, area 50 decimals and khata no. 2, Plot No. 512/873, area 49 decimals, situated at Mauza Sihodih, P.S.Giridih (Muffasil) District Giridih in the State of Jharkhand. (iii) To direct the respondents to first pay the adequate compensation in terms of the provisions enshrined in the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act, 2013) and then to proceed further to use the lands of the petitioner for any public purpose including for the purpose of new railway line project from Koderma to Giridih in Village Sihodih, P.S Giridih (Muffasil), District Giridih. (iv) During the pendency of this writ petition, the respondents be restrained to demolish the residential house of the petitioner along with cattle shades constructed in Khata No. 2, Plot No. 512/872 (Part) and Plot No. 512/873 (Part) of Thana No. 45, situated at Mauza Sihodi, P.S Giridih (Muffasil), District Giridih, without acquiring the same in accordance with the provisions enshrined in the Act, 2013 for the purpose of new railway line project form Koderma to Giridih.
(3.) By way of supplementary affidavit, petitioner has enclosed instrument of sale dated 23.12.1968 relating to conveyance of land by Sri Hrishikesh Bose by registered sale deed no. 22630 to Sri Raghunath Mishra of a piece of land in Khata No. 2, plot nos. 512/872 and 512/873 at Village Sihodih, PS Giridih( Muffasil), Thana No. 45, District Giridih; sale deed no. 503/477 executed by Raghunath Mishra to one Ajay Kumar Sinha an area of 20 decimals of land of both the plots; sale deed no. 504/478 by the same vendor to Manoj Kumar and Others of similar area of 20 decimals in both the plots; sale deed no. 11601/10233 dated 05.09.2011 by which one Kanhai Lal Bhageriya power of attorney holder of one Rajeev Kumar Sah sold an area of 40 decimals out of these two plots to the petitioner (Kanhai Lal Bhageriya is said to be power of attorney holder of one Rajeev Kumar Sah in whose favour land was sold through deed no. 11742/10443 by power of attorney holders of Ajay Kumar Sinha and Manoj Kumar).;