Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:26597
1 W.P.(C) No. 1011 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1011 of 2023
Vikash Kumar, aged about 47 years, son of shri Gopal Praasd, resident of : 261, Bishunpur Road, Bhadodih, P.O. & P.S.- Jhumretelaiya, District- Koderma
….........Petitioner(s)
Vrs. 1.Jhumretelaiya Municipality, Jhumretelaiya, P.O. & P.S.- Jhumretelaiya, District- Koderma. 2.Administrator, Jhumretelaiya Municipality, Jhumretelaiya, P.O. & P.S.- Jhumretelaiya, District- Koderma
.......... Respondent(s)
….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. A.K. Sahani, Advocate For the Respondents : Mr. Bharat Kumar, Advocate
13/02.09.2025 The writ petition has been filed for the following relief(s):
“ for grant of an appropriate writ in the nature of Mandamus or any other writ(s)/order(s) commanding upon the respondents to consider the objection raised by the petitioner upon their illegal and forcible action contemplating demolition of boundary-wall over the raiyati land purchased by the petitioner and within a specified period”
2. The respondents- Jhumretelaiya Municipality have filed a counter affidavit. Para 8 and 9 thereof read as under:
“8. That the petitioner had purchased 10 Decimals land through sale deed bearing No. 1986 Dated 02.08.1986 and sale deed No. 2206 Dated 02.05.2002. The lands are situated at mauja - Belatand, PS Telaiya, Dist- Koderma under Khata No. 1/44, Plot No. 68/142 the lands were mutated in his name vide mutation case no. 1166 (ii)/2002-03 and mutation case no. 1170(ii)/2002-03. On 26.02.2009 the Circle Officer Koderma had initiated a misc. case no. 27 (ii)/ 2008-09 on the basis of the report submitted by Halka Karmachari supported by Circle Inspector. The report was related with the lands of plot no 68 under Khata no. 1 of Mauja Belatand area- 22.80 dec. The notice was issued to the petitioner and one Dheneshwar Tiwari mentioning there in that the mutation allowed in the name of petitioner was found suspicious. After 'enquiry the Circle Officer Koderma forwarded the
2025:JHHC:26597
2 W.P.(C) No. 1011 of 2023
case record to the L.R.D.C. Koderma for opinion and consent. The L.R.D.C. Koderma in place of cancelation of jamabandi had confirmed the mutation in the name of petitioner and directed the Circle Officer to continue the rent receipt in favour of the petitioner. It has been further claimed that on 07.06.2022 the respondents had sent a team with intention to demolish the boundary wall constructed by the petitioner on his purchased land.
On 10.06.2022 the petitioner had raised objection before the respondent. 9. That the respondents have not violated the articles of Indian constitution nor had intended to demolish the boundary wall as alleged in the writ application. They have not sent any team for ear marking the boundary wall of the petitioner. The instant writ application has been filed on anticipation.”
3. In view of the statement made in the aforesaid para 8 and 9 of the counter affidavit, no lis survives any more. 4. Accordingly, the writ petition stands disposed of. (Rajesh Kumar, J.)
A.Mohanty