Jharkhand High Court
Raunak Ansari vs State Of Jharkhand & Ors on 31 March, 2022
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P.(C) No. 1211 of 2019
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Raunak Ansari, son of Ashraful Ansari .... ..... Petitioner Versus State of Jharkhand & Ors. .... ..... Respondents CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............
For the Petitioner : Mr. Mayank Singh, Advocate. For the Respondents/State : Mr. Mithilesh Singh, G.A.-IV ..........
06/31.03.2022.
Heard, learned counsel for the parties.
Learned counsel, Mr. Mayank Singh on the instruction of learned counsel for the petitioner, Mr. Rahul Kumar Gupta has submitted that petitioner Raunak Ansari, S/o Ashraful Ansari has preferred this writ petition for direction upon the respondents not to construct road over the private land of the petitioner, though process/procedure for land acquisition were done by the respondents but no compensation was paid to the petitioner and there was no road over the land of the petitioner was existing.
Learned counsel for the petitioner has submitted, that land measuring an Area of 5 acre, 14 decimals, Kaimi Raiyati of R.S. Plot No.605 of Khata No.2, Khewat No.1, situated at Mouza- Lohardaga Pargana Khukhra, P.S.- Lohardaga, Thana No.194, District- Ranchi (Now Lohardaga) had been purchased by Ashraful Haque (petitioner's father) by virute of registered sale deed vide deed No.4558 dated 09.07.1960 from Maharani Srimati Prem Manjri Devi, wife of Maharaja Sri Chinta Mani Sharan Nath Shahdeo. Photocopy of registered sale deed has been brought on record as annexure-1.
Learned counsel for the petitioner has submitted, that Ashraful Haque (petitioner's father) after purchase, came in peaceful possession of the same and his name has also been mutated in the office of the Circle Office, Lohardaga, and the rent receipt has been issued, which has been brought on record as Annexure-2.
Learned counsel for the petitioner has further submitted that father of the petitioner, Ashraful Haque died leaving behind four sons namely (i) Raunak Ansari, (ii) Raquib Ansari, (iii) Sheob Ansari and
(iv) Sajid Ansari.
-2-The petitioner Raunak Ansari came before this Hon'ble Court for direction upon the respondents not to construct any road upon the said land, without taking legal recourse under the law, as such, writ petition may be allowed.
Learned counsel for the respondents / State, Mr. Mithilesh Singh, G.A.-IV has submitted, that counter affidavit has been filled on 10.06.2019 sworn by the Ravindra Kumar, son of Ram Kirpal Mandal, Executive Engineer, Road Construction Department (Road Division, Lohardaga) stating therein that road was constructed during the regime of Ex-Minister Sri Bhukla Bhagat, Government of Bihar in 2001 and the same is maintained till date.
Learned counsel for the respondents/ State has further submitted, that land has been donated by the villagers out of their free will for construction of road and time and again villagers of the locality has made representation dated 14.10.2017 and 02.07.2018 to do the needful as condition of the road has become worse, as such, the petitioner cannot claim relief after more than twenty one years.
Be that as it may, the State cannot act illegally like a trespasser or an unauthorized gang. The officer concerned had issued letter on 31 th December, 2001 being the Executive Engineer. The Executive Engineer, Road Construction Department, Lohardaga, who was issued such letter dated 31.12.2011 is directed to file affidavit, that how such letter has been issued without taking legal recourse either by acquiring the land or by receiving gift from the rightful owner. Such behavior of the officer is not accepted by this court, as such, within two weeks' time counter affidavit must be filed by the same officer after due approval from the Principal Secretary of the Department.
The Principal Secretary, Road Construction Department, Government of Jharkhand is directed to inform the officer concerned, so that he may file the affidavit.
Put up this case on 19.04.2022 under the same heading. It is made clear that no further adjournment shall be granted.
(Kailash Prasad Deo, J.) Jay/