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High Court of Jharkhand · body

2025 DAILYLAW 28268 (JHR)

BASANT PRASAD YADAV v. THE STATE OF JHARKHAND

WPC/690/2025 · 2025-04-08

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:10774 1 W.P.(C) No.690 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.690 of 2025 ----- Basant Prasad Yadav aged about 47 years s/o Kali Bhogta, resident of village Bhogtadih, P.O. & P.S. Tisri, District-Giridih. .......... Petitioner. -Versus- 1. The State of Jharkhand. 2. The Deputy Commissioner, Giridih. 3. The Circle Officer, Anchal Tisri, Giridih. 4. Executive Engineer, Rural Development & Engineering Department, Giridih. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Sanjay Prasad, Advocate Mr. Kamdeo Pandey, Advocate For the State : Mrs. Nirupama, A.C. to Sr. S.C.-II ----- Order No.06 Date: 08.04.2025 1. The present writ petition has been filed for issuance of direction upon the concerned respondents to remove the road constructed over the part of land appertaining to Khata Nos.2 and 6, Plot Nos. 297, 439 and 440 situated at village- Dalpatdih, Anchal-Tisri measuring an area of 1.64 decimals, which according to the petitioner is his raiyati land and he has been illegally dispossessed from the same due to construction of the said road. 2. Learned counsel for the petitioner submits that the petitioner has already represented the respondent no.2- the Deputy Commissioner, Giridih raising the aforesaid grievance, however, the same has not been responded which has compelled him to prefer the present writ petition. 3. Mrs. Nirupama, learned A.C. to Sr. S.C.-II appearing on behalf of the respondents submits that if the petitioner prefers a fresh 2025:JHHC:10774 2 W.P.(C) No.690 of 2025 representation on the present issue before the respondent no.2, an appropriate decision will be taken by the said respondent within a time frame. 4. Having heard the learned counsel for the parties and considering the nature of the prayer made in the present writ petition, without entering into the merit of the case, the petitioner is given liberty to prefer a fresh representation on the present issue before the respondent no.2. On receipt of the said representation, the respondent no.2 after calling for the relevant records and on providing due opportunity of hearing to the petitioner/his representative, shall take an appropriate informed decision within a period of eight weeks from the date of filing of the said representation. 5. The writ petition is, accordingly, disposed of with aforesaid liberty and direction. (Rajesh Shankar, J.) Rohit/