PREMCHAND DIKSHIT v. THE STATE OF JHARKHAND THROUGH ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVT. OF JHARKHAND
WPC/2579/2026 · 2026-04-17
Sri Ananda Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6549 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6549 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:10978
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 2579 of 2026
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Premchand Dikshit (aged about 65 years) Son of Late Din Dayal Dikshit, Resident of Shiv Lane Gali, Vidya Nagar, Near DAV Swarnrekha School, Harmu, P.S. Sukhdeo, P.O. Harmu, District Ranchi . ... Petitioner(s).
Versus
1. The State of Jharkhand through its Secretary, Urban Development Department, Govt. of Jharkhand, office at Project Bhawan, P.O. & P.S. Dhurwa, District Ranchi.
2. Deputy Commissioner, Ranchi. Dist. Ranchi, Office at Block A Collectoriate,
3. Ranchi Municipal Corporation; through Town Commissioner-cum- Administrator, office at- Ranchi Nagar Nigam Bhawan,
4. Sub Divisional Magistrate, Sadar, Ranchi, Office at Block B, Ranchi Collectoriate.
Resp. No. 2 to 4-Kutchery Road, P.O. - GPO, P.S. - Kotwali, Ranchi
5. Basant Kumar Sinha, Son of - Aditya Prasad Sinha
6. Pratham Sinha
7. Utsav Sinha
6 & 7 both are sons of - Shree Basant Kumar Sinha (Advocate)
Resp. No-5 to 7 are residents of Shiv Lane Gali, Vidya Nagar, Near DAV Swarnrekha School P.O. Harmu P.S. Sukhdeo Nagar At & District Ranchi.
… Respondents.
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CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Mukul Kumar, Advocate For the Respondent : Mr. Ankit Kumar, AC to SC-I
Ms. Neha Pandey, Advocate
Mrs. Vandana Singh, Advocate
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02/ 17.04.2026: Heard the learned counsel for the petitioner and the learned counsel for the respondents.
2. It is the grievance of the petitioner that the private respondents have constructed house after blocking the public road. It is also the grievance of the petitioner that even an order was passed under Section 163 of the B.N.S.S. but the construction has not been stopped.
3. If a public road/ public land has been encroached, the remedy is available under the Jharkhand Public Land Encroachment Act. Any party can approach the authority under the aforesaid Act seeking removal of encroachment. Further, if the public nuisance has been caused by any party,
the aggrieved has remedy under Sections 152 and 160 of the B.N.S.S. Section 162 of the B.N.S.S. gives the power to the Magistrate to prohibit repetition or continuance of public nuisance. There is other remedy available under Section 164 and 165 of the aforesaid Act.
4. Considering the provisions of the B.N.S.S. which are available to the petitioner, I am not inclined to entertain this writ application filed under Article 226 of the Constitution of India. The petitioner should approach the appropriate authority for seeking relief. If any such application is filed, the same will be considered and an appropriate order will be passed by the authority concerned.
5. With the aforesaid observations and directions, this writ petition is
disposed of.
(ANANDA SEN, J.) 17th April, 2026 Madhav/- Uploaded on:18/04/2026
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