2025:JHHC:25987 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1638 of 2025 .... 1. Ramvriksh Pal, Aged about 81 years, son of Late Julfi Bhagat, Resident of Ward No.8, Sahijana, P.O. & P.S. Garhwa, District-Garhwa 2. Ram Chandra Bhagat, aged about 65 years, son of Late Julfi Bhagat, Resident of Sahijana, P.O. & P.S. Garhwa, District-Garhwa 3. Ram Ji Pal, aged about 55 years, son of Sukhdev Pal, resident of village Sahijana, P.O. & P.S. Garhwa, District-Garhwa 4. Vijay Pal, aged about 54 years, son of Sukhdev Pal, resident of village Sahijana, P.O. & P.S. Garhwa, District-Garhwa 5. Santosh Pal, aged about 39 years, son of Shambhu Pal, Resident of Ward No.8, Sahijana, P.O. & P.S. Garhwa, District-Garhwa .… Petitioners Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Garhwa, P.O. & P.S. Garhwa, District-Garhwa 3. The District Land Acquisition Officer, Garhwa, P.O. & P.S. Garhwa, District- Garhwa 4. Circle Officer, Garhwa, P.O. & P.S. Garhwa, District-Garhwa 5. Executive Engineer, Public Works Department, Garhwa, P.O. & P.S. Garhwa, District-Garhwa .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioners : Mr. Rajendra Krishna, Adv. : Mr. Shubham Mayank, Adv. : Mr. Aayush Srivastava, Adv. : Ms. Priya Sahay, Adv. : Mr. Pratyush Shounikya, Adv. For the State : Mr. Sanket Khanna, AC to AAG-V .... 04/28.08.2025 1. The present writ petition has been filed for following reliefs:- (i) For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ in nature of mandamus commanding upon the respondents to show cause as to how and under what authority they are constructing a four-lane road over the land of the petitioners, situated under Khata No. 191, Plot No. 440, without initiating the requisite land acquisition proceedings. (ii) For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ in nature of mandamus restraining the respondent authorities from further encroaching upon or taking any additional portion of the land of the petitioners situated under Khata No. 191, Plot No. 440, in which house of the petitioners is situated, for the construction of a four-lane road, considering the fact that there is already sufficient government land available adjacent to the land of petitioners, which can be utilized for the purpose of constructing the four lane road comfortably and without any further detriment to the property of the petitioners. (iii) For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ in nature of mandamus restraining the respondent authorities from using any 2025:JHHC:25987 2 W.P.(C) No.1638 of 2025 portion of the land of petitioners unless the said land is formally acquired through the due process of law, as required under the Land Acquisition Act, 1894 or any other relevant legal provisions. (iv) For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ in nature of mandamus commanding upon the respondent authorities to immediately stop the construction of the road upon the land situated under Khata No.191, Plot No.440, which is legally owned by the petitioners as Khatiyani Raiyati land. 2. The description of land is as follows:- “Khata No.191, Plot No.440, village-Sahijana, Thana No.345” 3. A counter affidavit has been filed by the State. Relevant paragraph Nos.7 and 8 of the counter affidavit are quoted hereinbelow:- “7. That, however, it is submitted and stated on behalf of the answering respondents that no road has been constructed over C.S. plot No. 440 appertaining to khata No. 191 of village Sahijana. So, the allegation of the petitioner about construction of road over plot No. 440 is absolutely false and baseless. The answering respondents are submitting copy of the map of the Road construction project, especially of village Sahijana provided from the office of the respondent No.5. A copy of the map is being annexed herewith as Annexure-A. 8. That it is submitted and stated further on behalf of answering respondents that the Circle Officer Garhwa has inquired the matter through Anchal Amin and Revenue Sub-Inspector who have also submitted a report, wherein it is clearly stated that no road is being constructed or is in existence over plot No. 440, as alleged in the present writ petition. A copy of the report submitted by Anchal Amin and Revenue Sub-Inspector to respondent No.4 is being annexed herewith as Annexure-B. 4. In that view of the matter, the present writ petition stands disposed of as there is no subsisting cause of action. 5. If any cause of action arises in future, the petitioners are at liberty to work out their remedy in accordance with law. (Rajesh Kumar, J.) Shahid/ uploaded