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2025 DAILYLAW 40340 (JHR)

DINESH KUMAR VERMA v. THE STATE OF JHARKHAND

WPC/6406/2025 · 2025-11-12

Sanjay Prasad

body2025

Judgment text

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2025:JHHC:38742 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 6406 of 2025 …. 1. Dinesh Kumar Verma, aged about 32 years, S/o-Govind Mahto, R/o-Vill-Gumo, Gadh Par, Ward No. -20, PO- Jhumri Telaiya, PS- Tilaiya, Dist.-Koderma 2. Ashok Kumar Verma, aged about 52 years, S/o-Churaman Mahto, R/o-Vill-Gumo, Gadh Par, Ward No. -20, PO- Jhumri Telaiya, PS- Tilaiya, Dist.-Koderma 3. Umakant Pandey, aged about 41 years, S/o Radheshyam Pandey, R/o 6, Gumo Barwadih, Ranchi Patna Road, Jhumri Telaiya, PO- Jhumri Telaiya, PS- Telaiya, Dist.- Koderma 4. Deepak Kumar Verma, aged about 36 years, S/o Late Rajendra Prasad Verma, R/o 59, Kori Muhalla, Ward No.-19, Jhumri Telaiya, PO-Jhumri Telaiya, PS-Telaiya, Dist.-Koderma 5. Dilip Verma, aged about 42 years, S/o Nageshwar Mahto, R/o 102, Gumo, Barwadih Gadh Par, PO- Jhumri Telaiya, PS- Telaiya, Dist.- Koderma …… Petitioners Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Koderma, PO, PS & District-Koderma 3. The Sub-Divisional Officer, Koderma, PO, PS & District-Koderma 4. The Circle Officer, Jhumri Telaiya Circle, Koderma, PO-Jhumri Telaiya, PS- Telaiya, District- Koderma 5. Arjun Ram 6. Narayan Ram 7. Satish Ram All Son of Late Dwarika Ram, R/o Village- Sakin Gumo Gadh Par, Ward No. -21, Barwadih, PO and PS-Jhumri Telaiya, Dist. - Koderma 8. Vikash Ram, Son of Late Tulsi Ram, R/o, Village-Sakin Gumo Gadh Par, Ward No.-21, Barwadih, PO & PS- Jhumri Telaiya, Dist-Koderma …… Respondents ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioners : Mr. Ashok Kumar Sinha, Advocate For the State : Mr. Shubham Gautam, AC to AAG-V ….. 2025:JHHC:38742 2 ORAL ORDER IN COURT 03/12.11.2025 Heard Mr. Ashok Kumar Sinha, learned counsel for the petitioner and Mr. Shubham Gautam, learned AC to AAG-V for the State. 2. Office has pointed out the maintainability of the writ petition. 3. This writ petition has been filed on behalf of the petitioners for direction to the respondents to remove encroachment over the Public Road and WELL (Kuaan) falling under Thana No. 212, Plot No. 3068 & 3071, Khata No. 13, Mouza, Gumo (Barwadih) as the same is Gair Mazarua land and Public road and Well (Kuaan) is over the said land and is being utilized by villagers for decades and all the necessary works such as Marriage, Cremations, Medical urgency etc. are being carried out by the villagers through this road and encroachment has been done over the same Public Road and WELL (Kuaan) by the Land Mafia especially Respondent nos. 5 to 8 by constructing Drains (Naali) and Sheds (Chajja) resulting into narrowing the Public Road which is creating hindrances to public at large against which the villagers have already made Common/Public Application to all the concerned authorities dated 04.01.2024 and 08.10.2025 (Annexure-2,3 and 4) but till date neither any step has been taken by the concerned authorities nor passed any appropriate order upon the same. 4. Learned AC to AAG-V has submitted that this writ petition is not maintainable, however, the petitioner may approach before the Competent Authority for their grievances and in support of the same, learned AC to AAG-V has produced the web copy of the order dated 22.08.2024 passed in W. P. (C) No. 5036 of 2023 by the Co-ordinate 2025:JHHC:38742 3 Bench (Hon’ble Mr. Justice Sanjay Kumar Dwivedi) of this Court. 5. Let the web copy of the order dated 22.08.2024 passed in W. P. (C) No. 5036 of 2023 by the Co-ordinate Bench (Hon’ble Mr. Justice Sanjay Kumar Dwivedi) of this Court be kept on record. 6. Under the circumstances, this writ petition is disposed of with liberty to the petitioners to move before the competent authority i.e. the respondent nos. 3 and 4 for redressal of their grievances and same shall be disposed of by the respondent nos. 3 and 4 after hearing both the sides, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. 7. Accordingly, W. P. (C) No. 6406 of 2025 stands disposed of with the aforesaid observation and direction. (Sanjay Prasad, J.) Dated. 12.11.2025 Kamlesh/