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2025 DAILYLAW 7212 (JHR)

GEETA DEVI v. THE STATE OF JHARKHAND

WPC/1348/2025 · 2025-06-12

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:15309 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1348 of 2025 Geeta Devi, W/o-Bishun Chaudhary, Residing at Lower Chutia, Amar Chowk, Ranchi, P.O. & P.S-Chutia, Dist.-Ranchi. .... .... Petitioner Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Ranchi, P.O.-GPO, P.S.-Kotwali, Dist.- Ranchi, Pin-83400, State- Jharkhand. 3. The Municipal Commissioner, Ranchi Municipal Corporation, Ranchi, P.O.- GPO, P.S.-Kotwali, Dist.- Ranchi, Pin-83400, State- Jharkhand. 4. The Additional Municipal Commissioner, Ranchi Municipal Corporation, Ranchi, P.O.-GPO, P.S.-Kotwali, Dist.- Ranchi, Pin-834001, State- Jharkhand. 5. The Circle Officer, Argora, P.O.-Hinoo, P.S.-Doranda, Dist.-Ranchi, State- Jharkhand, Pin-834002. 6. The Land Acquisition Officer, Ranchi. P.O.-GPO, P.S.-Kotwali, Dist.- Ranchi, Pin-83400, State- Jharkhand. 7. The Executive Engineer, Ranchi Municipal Corporation, Ranchi, P.O.-GPO, P.S.-Kotwali, Dist.- Ranchi, Pin-83400, State- Jharkhand … …. Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Ms. Anjana Kumari, Advocate : Mr. Onkar Nath Tewary, Advocate For the State : Mr. Zaid Imam, AC to SC-VII For Resp. No. 3 & 4 : Dr. (Mrs.) Vandana Singh, Advocate : Ms. Aliza, Advocate ------ Order No. 03 / Dated : 12.06.2025. 1. The instant writ petition has been filed under Article 226 of the Constitution of India for a direction to remove the PCC road constructed over his land measuring an area 6.74 decimals land under Khata No. 11, Plots No. 1067, Mauza-Chutia, P.S. No. 211 at Dawarikapuri, Ranchi. 2. It is submitted by the learned counsel on behalf of the petitioner that this is second round of litigation and earlier in pursuant to the direction passed in W.P.(C) No. 2179 of 2021, Deputy Commissioner disposed of the representation of the Petitioner vide order dated 25.07.2024 (Annexure 3), wherein the claim of the petitioner has been admitted to the extent that10 feet PCC road on 6.74 decimal of the land of the petitioner has been constructed by Ranchi Municipal Corporation. 2025:JHHC:15309 2 3. In this view of matter, there is merit in the claim of the Petitioner. However, no relief can be allowed at this stage as no representation has been made to the Ranchi Municipal Corporation, after passing of the order by the Deputy Commissioner, Ranchi. Since the construction of road has been made by the RMC, therefore without alternative remedy being exhausted, no direction can be given in the present writ application. 4. Under the circumstance, the petitioner is at liberty to file an appropriate representation before the respondent no. 3 for the relief claimed, which will be disposed of within four weeks from the date of its filing. Writ petition accordingly stands disposed of. Pending I.A., if any, also stands disposed of. Let a copy of this order be communicated to the Deputy Commissioner, Ranchi forthwith. (Gautam Kumar Choudhary, J.) Pawan/ -