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2025 DAILYLAW 15918 (JHR)

SAHDEV YADAV v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

W.P.(Cr.)/406/2025 · 2025-07-07

Sri Ananda Sen

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Judgment text

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2025:JHHC:18220 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 406 of 2025 ------ 1. Sahdev Yadav, son of Tahbal Yadav 2. Birendra Kumar, son of Sri Thakur Singh Yadav, Both are residents of village Arkhango, P.O Arkhago, P.S. Ghorthamba (OP), District- Giridih, Jharkhand. … Petitioners. Versus 1. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi. 2. The Principal Secretary, Department of Home, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi. 3. The Director General of Police Headquarter, Dhurwa, Ranchi. 4. The Deputy Inspector General of Police, North Chotanagpur, Hazaribagh. 5. The Superintendent of Police, Giridih. 6. The Circle Officer, Dhanwar, Giridih. 7. The Circle Inspector of Police at Jamua, Giridih. 8. The Officer-in-Charge at Ghorthamba, Giridih, Jharkhand. 9. Bhagwan Singh Yadav, son of Ramji yadav. 10.Narayan Yadav, son of Ramji Yadav. 11.Rajesh Yadav son of Bhagwan Singh Yadav. 12.Pappu Yadav, son of Bhagwan Singh Yadav 13.Tinku Yadav, son of Bhagwan Singh Yadav 14.Ranjit Yadav son of Narayan Yadav 15.Sanjay Yadav, son of Narayan Yadav. 16.Umesh Yadav, son of late Subhash Yadav 17.Bhupendra Yadav, son of late Subhash Yadav 18.Ranjit yadav, son of late Sarju Yadav. 19.Sandeep Yadav, son of Late Sarju Yadav 20.Damodar Yadav son of later Arjun Yadav 21.Sunil Yadav, son of Arjun Yadav 22.Etwari Mahto, son of late Hulash Mahto 23.Babita Kumari, wife of Mahesh Yadav. 24.Umesh Yadav, son of Etwari Yadav 25.Sitaram Yadav, son of Etwari Yadav 26.Karu Yadav, son of Etwari Yadav 27.Bebi Devi wife of Tinku Yadav Sl. Nos. 9 to 27 are the residents of village Arkhango, P.O Arkhago, P.S. Ghorthamba, (O.P), District- Giridih, Jharkhand. … Respondents. ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s): Mr. S.K. Vishwakarma, Advocate. For the State: A.C to AAG ------- 04/07.07.2025: Heard the parties. 2. By filing this writ petition, the petitioners have prayed for a direction upon respondents to initiate a proceeding under Section 163 BNSS-2023 upon respondent Nos. 9 to 27 on the ground that they have constructed house upon the land of the petitioners. 3. After going through the record, I find that the grievance of the petitioners is that over his land, the respondent Nos. 9 to 27 are making construction unauthorizedly and on this ground, the petitioners have prayed that a direction may be given to the State Authority to initiate a proceeding under Section 163 BNSS-2023. 4. According to me, if at all, the land of the petitioners is being encroached, and some construction has been made by the private parties, the petitioner should approach appropriate Civil Court for redressal of their grievances. Section 163 BNSS is not appropriate recourse, which the petitioners have taken in this type of dispute. 5. Thus, I find no merit in this writ petition. Accordingly, the same is dismissed with liberty to the petitioners to approach the competent Civil Court for redressal of their grievances. Anu/-Cp3. (ANANDA SEN, J.)