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2025 DAILYLAW 28039 (JHR)

JAY PRAKASH CHOUDHARY v. THE STATE OF JHARKHAND

WPC/6755/2024 · 2025-02-13

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6755 of 2024 ----- Jay Prakash Choudhary, son of Late Jeetbandhan Choudhary, aged-48 years, resident of Ramnagar, Mauza-Siram, P.S. & P.O.-Chutia, District-Ranchi, Jharkhand .......... Petitioner. -Versus- 1. The State of Jharkhand. 2. The Deputy Commissioner, Garhwa, P.O. & P.S. Garhwa, Dist.-Garhwa, Jharkhand. 3. The Sub-Divisional Officer, Garhwa, P.O. & P.S. Garhwa, Dist.-Garhwa, Jharkhand. 4. The Circle Officer, Kandi, Garhwa, P.O. & P.S. Kandi, District-Garhwa, Jharkhand. 5. The Superintendent of Police, Garhwa, P.O. & P.S. Garhwa, Dist.-Garhwa, Jharkhand. 6. The Inspector Kandi Police Station, P.O.-Jainagra, P.S. Kandi, Dist.-Garhwa, Jharkhand. 7. Akhilesh Choudhary, son of Late Baijnath Choudhary, resident of Mokhapi, P.O.-Jainagra & P.S.-Kandi, Dist.-Garhwa, Jharkhand. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Vinay Kumar, Advocate For the Respondents: Mr. Devesh Krishna, S.C. (Mines)-III ----- Order No.03 Date: 13.02.2025 1. The present writ petition has been filed for issuance of direction upon the respondent-authorities to execute the administrative order issued by the respondent no.3 as contained in letter no.473 dated 15th October, 2018 (Annexure- 9 Series) and letter no.545 dated 1st August, 2024 (Annexure- 10), whereby on the application of the petitioner’s father- Jeetbandhan Choudhary, the respondent no.6 has been directed to vacate the land appertaining to Khata No.2, Plot No.576, Thana No.245, Mouza-Mokhapi, Police Station-Kandi, District Garhwa measuring an area of 14 decimals which has been illegally occupied by him. 2. Having heard learned counsel for the parties and on consideration of the issue raised in the present writ petition as well as the nature of dispute as mentioned in the letters dated 15th October, 2018 and 1st August, 2024, this Court is of the view that no writ of mandamus as prayed by the petitioner can be issued upon the respondent-authorities. In fact, the dispute between the petitioner and the respondent no.6 appears to be of possession and title over the land in question which can only be adjudicated by a competent court of civil jurisdiction. 3. The writ petition is, accordingly, dismissed. (Rajesh Shankar, J.) Rohit/ -2- W.P.(C) No.6755 of 2024