2026:JHHC:17343 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(C) No.4067 of 2026 ----- Md. Najiruddin Shekh @ Najruddin Shekh, aged about 71 years, Son of Late Samir Shekh, Resident of Village- Randanga, Panchayat-Ishakpur, P.O.-Rahaspur, P.S.-Pakur (M), District-Pakur, Jharkhand. … Petitioner(s). Versus 1. The State of Jharkhand 2. The Secretary, Primary Education, Department of Education School and Literacy, Government of Jharkhand, Office at Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi. 3. The Director, (Primary Education) Department of School Education and Literacy, Government of Jharkhand, Office at Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi. 4. The Deputy Commissioner, Pakur, P.O. &P.S.Pakur, Dist.- Pakur. 5. The District Superintendent of Education, Pakur, P.O. & P.S. Pakur, Dist.-Pakur. 6. The Circle Officer, Pakur, P.O. & P.S.-Pakur, Dist.-Pakur. 7. The Office-in-Charge, Pakur (M) Station, P.O. & Dist.-Pakur. Police … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Jawed Sultan, Advocate For the State : Mr. Prashant Kr. Rai, AC to SC (L&C)-I …...... 02 /16.06.2026: The prayer of the petitioner in this writ petition is as follows: “i. For direction upon the respondents to ensure and provide free, safe and unhindered ingress and egress to the petitioner and his family members from the eastern side of the petitioner's residential house towards the main road during construction of the Government School over the land situated at Mouza-Ishakpur, Anabadi Jamabandi No. 350, Plot No. 554, District-Pakur; ii. For restraining the respondents, their officials, agents, contractors and representatives from blocking, obstructing or permanently closing the petitioner's existing access passage leading from the petitioner's residential house towards the main road by digging pillar foundation pits or by raising construction in such a manner which completely obstructs the petitioner's ingress and egress. 2026:JHHC:17343 2 iii. For direction upon the respondents to leave adequate passage/ access road for the petitioner and his family members from the eastern side of the petitioner's residential premises while the undertaking construction of Government School; And/Or For issuance of any other appropriate writ(s)/order(s) /direction(s) as this Hon’ble Court may deem fit and proper under the facts and circumstances of this case.” 2. It is clear from the prayer of the petitioner that the petitioner is seeking right of easement. 3. Easementary right cannot be decided in an application under Article 226 of the Constitution as several facts are to be proved and it has also to be proved that the petitioner has got no other way of ingress and egress of the property, which is essentially a question of fact. 4. Thus, I am not inclined to entertain this writ petition, this writ petition is dismissed with liberty to the petitioner to approach the Civil Court of competent jurisdiction. 5. Once the petitioner files a suit claiming his easementary right, the same should be considered on the merits and judgment should be passed on the evidence adduced without being influenced by this order. (ANANDA SEN, J.) 16.06.2026 Tanuj/CP-2 Uploaded on 18.06.2026