TARCILLA MINJ ALIAS TARCILLA KHALKHO v. THE STATE OF JHARKHAND
WPC/825/2025 · 2025-04-17
Gautam Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30749 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30749 (JHR) · dailylaw.ai ]
Judgment text
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2025:JHHC:11613 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No.825 of 2025
------ Tarcilla Minz @ Tarcilla Khalkho wife of Late Philip Minj, resident of Village Ambua Toli, Mahuwadand, P.O. & P.S. Mahuwadand, District Latehar, Jharkhand
.... .... …. Petitioner
Versus
1. The State of Jharkhand
2. The Secretary, Department of Land & Revenue, Government of Jharkhand, having its office at Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi
3. The Deputy Commissioner, Latehar, having its office at Collectorate Building, Latehar, P.O. & P.S. Latehar, District Latehar, Jharkhand
4. The Superintendent of Police, Latehar, having its office at S.P. Office, P.O. & P.S. Latehar, District Latehar, Jharkhand
5. The Deputy Commissioner for Land Reforms, Latehar, having its office at Collectorate Building, Latehar, P.O. & P.S. Latehar, District Latehar, Jharkhand
6. The Sub Divisional Officer, Mahuwadand, having its office at S.D.O. Office, Mahuwadand, P.O. & P.S. Mahuwadand, District Latehar, Jharkhand
7. The Circle Officer, Mahuwadand, having its office Circle Office, Mahuwadand, P.O. & P.S. Mahuwadand, District Latehar, Jharkhand
8. Manina Kujur, wife of Bematus Minj, resident of Village Sarnadih, P.O. Aksi, P.S. Mahuwadand, District Latehar, Jharkhand presently residing at Village Ambatoli, P.O. & P.S. Mahuwadand, District Latehar, Jharkhand
.... .... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Manish Kumar, Advocate
Mr. Subhash Kongari, Advocate For the State : Ms. Sweta Shukla, AC to AAG II
------
Order No.06 / Dated : 17.04.2025
This writ petition has been filed for direction upon respondent nos. 3 and 4 to evict illegal encroachment made by respondent no.8 from the land on which the petitioner claims to have title and possession.
2. It is submitted by learned counsel that earlier the petitioner had moved the Sub Divisional Officer, in Misc. Case No.03 of 2004 in which the proceeding under Section 144 of the Cr.P.C. was drawn and both sides were restrained from entering over the disputed portion of plot vide order dated
27.01.2024. Further, vide order dated 27.02.2024, the order under Section 144 of the Cr.P.C. was made absolute against the second party while vacating the order against petitioner.
2025:JHHC:11613
3.
Order passed by Sub Divisional Officer has become infructuous as more than sixty days have elapsed. If the petitioner is aggrieved by the encroachment made by respondent no.8, she has sufficient efficacious remedy, both under civil and criminal law.
Writ petition is not maintainable, which is accordingly, dismissed. Interlocutory Application, if any, is disposed of.
(Gautam Kumar Choudhary, J.) Anit