IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2252 of 2011 Jyoti Punj Educational and Welfare Society ...... Petitioner Versus State of Jharkhand & others ...... Respondents CORAM: HON'BLE MR. JUSTICE D. N. PATEL For the Petitioner : M/s Sanjay Kr. Pandey, S.K. Dubey, Advocates For the State : J.C. to G.P.II For the JSHB : Mr. Sumeet Gadodia, Advocate th 02/Dated: 5 May 2011 1.
Counsel for the petitioner wants compulsory purchase of the land
from the hands of respondentHousing Board and for that they have filed
this writ petition and they are much relying upon their rich purse and
want to purchase at any cost a neighbouring plot belonging to Jharkhand
State Housing Board.
2. Having heard counsel for both the sides and looking to the
arguments canvassed by the respondents, I see no reason to entertain this
writ petition mainly on the fact that the land in question, as submitted by
the counsel for the respondentHousing Board, has been demarcated for
‘community centre’ and for ‘community open space’. Thus, the plot, in
question, is partly for ‘common centre’ and for ‘community open space’
which cannot be sold to the petitioner, even if, it is ready to pay, higher
price.
3. So far as the rest of the plot is concerned, it is meant for primary
school, which is going to be auctioned by the respondentBoard in which
the petitioner may participate. Thus, looking to the stand taken by the
respondentBoard, at this stage, there is no need to entertain this writ
petition because it is left open for the petitioner to participate in the
public auction, which is going to be held by the respondentBoard.
4. In view of these facts, there is no substance in this writ petition.
Hence, the same is hereby, dismissed.
(D.N. Patel, J)
VK