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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(C). No. 1367 of 2023
---- Sambhu Nath, aged about 61 years, S/o- Late Ram Krishna Prasad Sah, R/o- Village Sian, P.O.- Sian, via Ishipur, P.S. Kahalgaon, District- Bhagalpur, Bihar, presently residing at Gurumani Sadan, Street No. 06, NTPC Road, Ganganagar, Calgong, Bhagalpur, Bihar.
.......Petitioner
Versus
1. The State of Jharkhand.
2. Secretary, Revenue Registration and Land Reforms, Govt. of Jharkhand, having his office at Project Bhawan, P.O. Dhurwa, P.S. Jagarnathpur, District- Ranchi, Jharkhand.
3. Commissioner, Santhal Pargana Division, P.O. & P.S.-Dumka, District- Dumka, Jharkhand.
4. Deputy Commissioner, Godda, P.O & P.S- Godda, District- Godda, Jharkhand.
5. Sub-Divisional Officer, Godda, P.O & P.S- Godda, District- Godda, Jharkhand.
6. Sub- Divisional Officer, Mahagma, P.O & P.S- Mehagma, Dsitrict- Godda, Jharkhand.
7. Circle Officer, Meharma, P.O & P.S- Godda, District-Godda, Jharkhand.
8. Shri Lalan Paswan,
9. Shri Chandan Paswan,
10. Shri Sanjay Paswan, all Sons/of- Late Shivnath Paswan, R/o- Village Govindpur, P.O- Ishipur, P.S.-Meharma, District- Godda, Jharkhand.
.....Respondents
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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--- For the Petitioner : Mr. Saurabh Shekhar, Advocate
Mr. Anurag Vijay, Advocate
Ms. Nidhi Kumari, Advocate For the Respondents : Mr. Sachin Kumar, AAG-II
Mr. Deva Kant Rai, Advocate
--- 07/ Dated: 18.03.2025
1. Though the writ petitioner has initially prayed for several reliefs, but during course of argument learned counsel for the petitioner has confined his prayer only to the extent that a direction may be made to the concerned Respondent to comply the order passed by the Commissioner, Santhal Pargana Division, Dumka whereby he had ordered that 25 feet wide road land
2 should be left for the common people and the rest land comprising 1 katha 6 dhur of plot no. 23 be restored to the petitioner (respondent nos. 8, 9 and 10).
2. Mr. Sachin Kumar, learned AAG-II submits that the Circle Officer may be directed to demarcate the easementary road which may connect the plot of the petitioner.
3. After perusing the order impugned and the prayer of the petitioner made before this Court, interest of justice would be sufficed by directing the Circle Officer to comply with the order passed by the Commissioner, Santhal Pargana Division, Dumka dated 17.11.2021 in true letter and spirit by giving the passage to the petitioner as Easementary Right connecting the plot of the petitioner.
4. Accordingly, the petitioner would be at liberty to approach the concerned Circle Officer, who shall demarcate the place of wide road which has been left open by the Commissioner, Santhal Pargana Division, Dumka in its order dated 17.11.2021 by giving the passage connecting the plot of the petitioner. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of copy of this order.
5. With the aforesaid observations, the instant writ application is
disposed of. Pending I.A., if any also stands closed.
(Deepak Roshan, J.) Vedanti/-