Jharkhand High Court
Pradeep Ram vs State Of Jharkhand & Ors on 20 December, 2012
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.3712 of 2010
Pradeep Ram. ......... Petitioner.
Versus
The State of Jharkhand & Ors. ......... Respondents.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioner : Mr. R. C. Khatri, Advocate
For the State : G.P.I
For Respondent Nos.7 * 8: Mr. A. K. Dey, Advocate
04/20.12.2012: The petitioner has prayed for a direction on the respondents not to construct Indira Awas on raiyati land of the petitioner, appertaining to Khata No.23, Plot No.80, area 06 decimals and Plot No.81, area 22 decimals of village Dharmu, Thana No.42, Thana Ichak, District Hazaribagh.
When the case is taken up, learned counsel for the petitioner submitted that the State respondents have already constructed Indira Awas over the petitioner's said land and the same has been allotted to Respondent Nos.7 and 8.
A counter affidavit has been filed by Respondent Nos.2 to
6. It has been stated, inter alia, that the measurement of the land was taken by Anchal Amin. According to the report of Anchal Amin, the petitioner's land has not been encroached upon and construction has not been made over portion of the petitioner's land.
Mr. R. C. Khatri, learned counsel, appearing on behalf of the petitioner, submitted that the said report is vague and misleading. Sketch of map or plan has not been produced before this Court. As a matter of fact, petitioner's land has been encroached upon and Indira Awas has been constructed illegally over the petitioner's raiyati land and the same is liable to be demolished.
I have heard learned counsel for the parties and perused the record. The petitioner has alleged that the respondents have encroached upon his land for the purpose of constructing Indira Awas, whereas the said fact has been emphatically denied by the respondents.
2 In view of the above, factual dispute is involved in the matter and the same cannot be adjudicated upon and decided in exercise of writ jurisdiction of this Court. However, the petitioner is at liberty to take resort to appropriate forum for redressal of his grievance, if so advised.
Accordingly, this writ petition is disposed of.
(Narendra Nath Tiwari, J.) Sanjay/