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2026 DAILYLAW 16078 (JHR)

RAJENDRA SWARNKAR v. THE STATE OF JHARKHAND

W.P.(Cr.)/251/2026 · 2026-06-09

Rongon Mukhopadhyay

body2026

Judgment text

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Neutral Citation No. ( 2026:JHHC:16470 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 251 of 2026 Rajendra Swarnkar, son of Chhathu Swarnkar, resident of Barhi Chowk, PO & PS: Barhi, District: Hazaribagh. ... Petitioner Versus 1. The State of Jharkhand 2. Deputy Commissioner, Hazaribagh 3. Superintendent of Police, Hazaribagh 4. Land Reforms Deputy Collector, Hazaribagh 5. Sub-Divisional Officer, Barhi 6. Circle Officer, Barhi 7. Officer-in-Charge, Barhi PS, Hazaribagh 8. Chandrawati Devi 9. Deepak Sao 10. Gulab Sao 11. Vikash Sao 12. Satendra Singh @ Kishore Singh … Respondents --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY For the Petitioner : Mr. Randhir Kumar, Advocate For the State : AC to GA-V --- 07/09.06.2026 Heard Mr. Randhir Kumar, learned counsel for the petitioner and learned AC to GA-V. In this application, the petitioner has prayed for a direction upon the respondents to prevent the forceful encroachment of the petitioner’s land situated at Mauza Barhi, Khata No. 351, Plot No. 2424, area 12.75 decimals. It has been submitted by the learned counsel for the petitioner that the land in question belongs to the petitioner and in support of which he has referred to the mutation order as well as land possession certificate. It has been submitted that since there was an apprehension of breach of peace, 144 Cr.P.C. proceeding was initiated at the behest of the petitioner which was disposed of as there was no apprehension of breach of peace and the same was challenged by the petitioner in revision in Criminal Revision No. 74 of 2024 in which the order of the learned Sub-Divisional Magistrate was set aside and consequent thereto, the petitioner had once again initiated a proceeding under section 144 Cr.P.C. but it is the grievance of the petitioner that no progress is being made in the said case. The petitioner has prayed for preventing the respondents to encroach upon the land of the petitioner and since in this writ jurisdiction it cannot be decided with respect to the right, title and interest of either of the parties, this writ application stands disposed of with a direction to the Sub- Divisional Officer, Barhi (respondent no.5) to expedite the disposal of the 163 of the BNSS proceeding initiated at the instance of the petitioner on 17.01.2026. This writ application stands disposed of. (RONGON MUKHOPADHYAY, J.) 09.06.2026 S.B. Uploaded on 11.06.2026 -2-