1 W.P. (Cr.) No.619 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No.619 of 2024 ------ 1. Sweta Lakra, aged about 44 years, D/o Late Bandhan Lakra, R/o Balku Oraon Path, Near Jogo Pahad, Morabadi, P.O. + P.S. Bariatu, Ranchi, Jharkhand-834008 2. Vivek Lakra, aged about 38 years, S/o Late Bandhan Lakra R/o House no.4/Z50, Edelhatu Road, Jogo Pahad, New Area Morabadi, P.O. + P.S. Bariatu, Ranchi, Jharkhand-834008 … Petitioners Versus 1. The State of Jharkhand through Chief Secretary, Ranchi, Project Building, PO- Dhurwa, PS Jagannathpur, Dist-Ranchi-834004. 2. Senior Superintendent of Police, Ranchi, Block B, Ranchi Collectorate, Court Campus, P.O. Court Campus, P.S. Kotwali, Dist. Ranchi, Jharkhand 834001. 3. Officer Incharge, Bariatu Police Station, PO+PS Bariatu, Ranchi- 834009. 4. Ajju Tirkey, aged about 19 years, S/o Late Somra Oraon, R/o Beside Jogo Pahar, near Atal Clinic Edelhatu Road, Morabadi, P.O. + P.S. Bariatu, Ranchi, Jharkhand-834008. 5. Sunny Oraon @ Shunny Oraon, age not known, S/o Late Somra Oraon, R/o Beside Jogo Pahar, near Atal Clinic, Edelhatu Road, Morabadi, P.O. + P.S. Bariatu, Ranchi, Jharkhand-834008. 6. Mahesh Oraon, aged about 29 years, S/o Bijla Oraon, R/o near Atal Clinic, beside Jogo Pahad, Edelhatu Road, Morabadi, P.O. + P.S. Bariatu, Ranchi, Jharkhand-834008. 7. Mithu Kujur, aged about 30 years, S/o Jhiga Oraon, R/o Gonda Basti, P.O. + P.S. Bariatu, Ranchi, Jharkhand-834008 8. Laldev Mahato, aged about 45 years, S/o Babulal Mahato, R/o near Atal Clinic, beside Jogo Pahad, Edelhatu Road, Morabadi, P.O. + P.S. Bariatu, Ranchi, Jharkhand-834008 2 W.P. (Cr.) No.619 of 2024 … Respondents ------ For the Petitioners : Mr. Shubhshis Rasik Soren, Advocate Ms. Shobha Gloria Lakra, Advocate For the State : Mr. Rajeev Ranjan, AG Mr. Deepankar, AC to AG For the Resp. No.4 to 8 : Mr. Kundan Kr. Ambastha, Advocate Mr. Amar Kr. Sinha, Advocate ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Writ Petition (Cr.) has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to direct the respondent Nos.2 and 3 to initiate proceedings as per law in lieu of F.I.R. of Bariyatu P.S. No.209 of 2024 (the verbatim of the prayer as mentioned in the instant Writ Petition (Cr.), has been quoted herein); the petitioner has made further prayer to direct the respondent Nos.2 and 3 to initiate the proceedings as per law and stop and remove the illegal construction and the illegal occupants from the purchased land of the petitioners. A further prayer has been made to direct the respondent Nos.2 and 3 to initiate the proceedings as per law and to hand over the 20 decimals of land situated at Khata No.80, Plot No.1512, Mauja- Mishirgonda to the petitioners. 3. The brief fact of the case of the petitioners is that the father of the petitioners purchased the said land under Khata No.80/5, Plot No.1512 area 20 decimals situated at Mauja- Mishirgonda and constructed boundary wall around all four sides of the land and also constructed a house. The father of the respondent Nos.4 and 5 tried to extort more money from the father of the petitioners and threatened to sell the land to some other purchaser. The father 3 W.P. (Cr.) No.619 of 2024 of the respondent Nos.4 and 5 filed Title Suit No.171 of 1993 inter alia with a prayer for a decree for cancellation of the registered Sale-Deed No.7814 dated 14.09.1987 which was executed in favour of the defendants of the said suit by the father of the plaintiffs and consequential reliefs. The Title Appeal No.35 of 2006 filed by the father of the respondent Nos.4 and 5 was dismissed. On 08.04.2024, the respondent Nos.4 to 8 entered into the purchased land of the petitioners and carried out the illegal construction work. The petitioners rushed to the site. The respondent Nos.4 to 8 physically assaulted the petitioners and their elder sister which led the petitioners to lodge the F.I.R. in Bariyatu Police Station on 08.04.2024. The parties have filed five different cases against each other and the details of the same has been mentioned in paragraph-12 of the instant Writ Petition (Cr.). The respondent No.4 and others have filed an application under Section 144 of the Code of Criminal Procedure and the same was pending before the court of S.D.M. pending adjudication, on the date of filing of this Writ Petition (Cr.). The respondent Nos.4 to 8 have again started construction work. The respondent No.3 has not taken any action against the respondent Nos.4 to 8 in respect of the F.I.R. No.209 of 2024, hence, it is submitted that the prayer, as prayed for in the instant Writ Petition (Cr.), be allowed. 4. Learned counsel for the respondent- State submits that after registration of Bariyatu P.S. Case No.209 of 2024, police is investigating the case and all necessary steps are being taken by the respondent Nos.1 to 3 diligently to take the investigation to its logical conclusion. 5. Learned counsel for the respondent Nos.4 to 8 submits that the respondent Nos.4 to 8 are the real owners of the land in question and knowing 4 W.P. (Cr.) No.619 of 2024 pretty well that the respondent Nos.4 to 8 are the real owners of the land in question, the petitioners instead of filing any Civil Suit with a prayer for declaration of right, title and interest or any other suitable relief, have come to this Court by filing this Writ Petition (Cr.) knowing pretty well that the disputed facts cannot be adjudicated in a Writ Petition. Hence, it is submitted that this Writ Petition (Cr.), being without any merit, be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, so far as the first prayer of the petitioners made in the instant Writ Petition (Cr.) is concerned, in view of the submissions made by the learned counsel for the respondent- State that the respondent Nos.1 to 3 are taking all diligent steps for investigation of Bariyatu P.S. Case No.209 of 2024 and the undertaking given by the learned counsel for the respondent- State on behalf of the respondent Nos.1 to 3 that the respondent Nos.1 to 3 will ensure that investigation of Bariyatu P.S. Case No.209 of 2024 is taken to its logical conclusion in accordance with law, no order is required to be passed in respect of the first prayer of the petitioners made in the instant Writ Petition (Cr.). 7. So far as the second and third prayer of the petitioners made in the instant Writ Petition (Cr.) is concerned, it is crystal clear that there is a dispute of ownership of the land in question. In this Court, the respondent Nos.4 to 8 through their counsel, have categorically stated that they are the lawful owners of the land in question, which fact is controverted by the petitioners and the petitioners knowing that there are dispute regarding ownership of the land, instead of filing a suit; has filed this writ petition, knowing pretty well that, such disputed questions of fact cannot be adjudicated in a Writ Petition. 5 W.P. (Cr.) No.619 of 2024 8. Accordingly, this Writ Petition (Cr.) is disposed of with liberty to the petitioners to approach the appropriate court of law for the appropriate remedy in respect of the second prayer made in this writ petition. 9. In view of disposal of the instant Writ Petition (Cr.), interim order granted vide order dated 29.08.2024, is vacated. 10. Registry is directed to intimate the court concerned forthwith. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 16th of January, 2025 AFR/ Animesh