JITENDRA PANDIT v. THE STATE OF JHARKHAND, REPRESENTED THROUGH DEPUTY COMMISSIONER, GODDA,
WPC/1139/2025 · 2025-06-10
Gautam Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7220 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7220 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:14976 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 1139 of 2025
------
1. Jitendra Pandit son of Ram Chandra Pandit
2. Bhaskar Pandit son of Ram Chandra Pandit
3. Longiya Devi wife of Ram Chandra Pandit All resident of 70 Nawdiha, P.O. Nawdiha, P.S. Poreyahat, District Godda
.... .... …. Petitioners
Versus
1. The State of Jharkhand represented through Deputy Commissioner, Godda, P.O., P.S. & District Godda
2. The Sub Divisional Officer, Godda, P.O., P.S. & District Godda
3. The Circle Officer, Poreyahat, P.O. Poreyahat, P.S. Poreyahat, District Godda
4. Prabhash Mandal, of Late Rakesh Mandal
5. Kanchan Mandal son of Late Biranchi Mandal
6. Paresh Mandal son of Late Dhirendra Mandal Sl. Nos. 4 – 6 are resident of Village Nawdiha, P.O. Nawdiha, P.S. Poreyahat, District Godda .... .... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner
: Ms. Prerna Jhunjhunwala, Advocate For the State
: Mr. Zaid Imam, AC to SC VII
------
Order No.03 / Dated : 10.06.2025
Instant writ petition has been filed under Article 226 of the Constitution of India for evicting the private respondents and handing over the possession of the part of the premises situated at Mouza Nawdiha, No.47, Jamabandi No.91, Dag No.1095, measuring total area of 1 Bigha, 2 Katha, 8 Dhur to the petitioners pursuant to the order dated 01.08.2022 passed by the Sub Divisional Officer, Godda in R.E.R. Case No.57 of 2020-21.
2. It is submitted by learned counsel on behalf of petitioner that an ejectment proceeding was initiated by them under Section 42 of the SPT Act, 1949 in which Sub Divisional Officer passed order of ejectment in R.E.R. Case No.57 of 2020-21 (Annexure- 3) in Logia Devi & Others Vs. Prabhash Mandal & Others, directing the ejectment from the scheduled land detailed therein on 01.08.2022. A specific direction was given to the Circle Officer vide order dated 30.12.2023 for ensuring the execution of the order which had attained finality, as no appeal was preferred against the said order. Despite the order by competent authority, it has not been executed. A
2025:JHHC:14976 representation was also filed in this regard by the petitioner- Jitendra Pandit on 06.12.2024 before Respondent No.2.
3. Having considered the submissions advanced on behalf of the petitioners, Circle Officer, Poreyahat is directed to execute the order passed in R.E.R. Case No.57 of 2020-21 within six of the order, if the said order has attained finality.
Writ Petition is disposed of. Interlocutory Application, if any, is
disposed of.
(Gautam Kumar Choudhary, J.) Anit