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2025 DAILYLAW 4166 (JHR)

JAY PRAKASH SINGH v. STATE OF JHARKHAND, THROUGH SECRETARY URBAN DEVELOPMENT DEPARTMENT

WPC/431/2025 · 2025-08-07

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:22456 1 W.P.(C) No. 431 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 431 of 2025 Jay Prakash Singh aged about 40 years S/o- Janardan Singh R/o-Arvind Nagar, Near House No- A/13 Harmu P.O- Harmu P.S-Argora, District- Ranchi, Jharkhand -834002. ….........Petitioner Vrs. 1. State of Jharkhand, through Secretary Urban Development Department having its registered office at Project Building. P. O+P.S- Dhurwa, District- Ranchi, Jharkhand. 2. The Secretary, Jharkhand State Housing Board having its office at Jharkhand State Housing Board (H.Qr.), P.O.-Harmu, P.S- Argora, Ranchi. 3. Sub Divisional Officer Ranchi, P.O- GPO, P.S.-Kotwali and District- Ranchi. 4. Jharkhand State Housing Board through MD having its office at Jharkhand State Housing Board (H.Qr.), P.O.-Harmu, P.S- Argora, Ranchi. 5. Executive Engineer, Jharkhand State Housing Board, Division Office Harmu, having its office at Jharkhand State Housing Board, P.O.-Harmu, P.S- Argora, Ranchi. 6. Estate Office, Jharkhand State Housing Board, having its office at Jharkhand State Housing Board (H.Qr.), P.O.-Harmu, P.S- Argora, Ranchi. 7. Office-In Charge, Argora Police Station, P.O.-Harmu, P.S.-Argora, Ranchi. .......... Respondents ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Rupesh Singh, Advocate For the Resp.-JSHB : Mr. Sachin Kumar, Sr.S.C-I Mr. Ravi Prakash Mishra, A.C to Mr. Sachin Kumar 07/07.08.2025 The present writ petition has been filed for the following relief(s). “a. Direction upon the respondents to hand over physical possession free from any encumbrances of Lower Income Group plot bearing plot no-L/40 admeasuring 1500 sq ft situated at Harmu housing Colony and ensure that no physical or other obstruction/ hindrance is caused in the peaceful enjoyment of the property of petitioner. b. Direction upon the State Respondents to extend full cooperation and assistance to Jharkhand State Housing Board by maintaining law and order and extending full protection to life and liberty of the petitioner as also to protect the right under article 300A of constitution with respect to aforesaid being plot no-L/40 admeasuring 1500 sq ft situated at Harmu Housing Colony. c. Direction upon the Respondent Jharkhand State Housing Board to ensure the clearance of the high voltage electrical 2025:JHHC:22456 2 W.P.(C) No. 431 of 2025 distribution line over Lower Income Group plot no-L/40 admeasuring 1500 sq ft situated at Harmu housing Colony allotted to the petitioner. AND/OR Without Prejudice to relief prayed here in above; The Hon'ble Court may be pleased to direct the respondents particularly Jharkhand State Housing Board to provide an alternative plot of equivalent area in the same group in the same locality i.e Harmu Housing Colony P.O- Harmu P.S- Argora, Ranchi, Jharkhand, is free from any hindrance or obstruction for the peaceful enjoyment of the property and is not affected by any sort of encumbrances. AND Be further be pleased to Impose exemplary cost upon the Respondent Housing Board by way of compensation to the Petitioner for Physical and mental agony suffered by him as also for the monetary loss incurred in Semi-erected boundary wall and the bore well dug in the plot of civil construction and further purpose.” 2. It appears from the pleading that the land in question has been allotted to the petitioner and he has taken possession over the same. But there is a problem that overhead high voltage wire is there. Therefore, it is to be removed, which is primary responsibility of the House Board but the Electricity Board is also involved, which is not made party in the present proceeding. 3. Considering now the nature of relief, learned counsel for the petitioner seeks to withdraw this writ petition with a liberty to file fresh writ petition for resolving the present dispute/ status of the over head electric wire. 4. With the aforesaid liberty, the writ petition is disposed of as withdrawn. (Rajesh Kumar, J.) A.Mohanty