Abbas Ansari vs State Of Jharkhand on 23 February, 2023

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Jharkhand High Court

Abbas Ansari vs State Of Jharkhand on 23 February, 2023

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

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          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                        W. P. (C) No. 3369 of 2016

      1. Abbas Ansari, son of Late Hakim Ansari
      2. Noor Ansari
      3. Ismail Ansari
      4. Khalil Ansari
      5. Sl. Nos. 2 to 4, all sons of Late Sakur Ansari.
         Sl. No. 1 to 4, all resident of village Dandaul, Post Office Phudi,
         Police Station Khunti, District Khunti     ...     ...     Petitioners
                                 Versus
      1. State of Jharkhand
      2. Deputy Commissioner Officer, Ranchi, P.O. & P.S. Ranchi,
         District Ranchi
      3. Assistant Settlement Officer, Ranchi, P.O. & P.S. Ranchi, District
         Ranchi
      4. Revenue Officer, Settlement Office, Ranchi, P.O. & P.S. Ranchi,
         District Ranchi
      5. Suka Oraon, son of Late Chamu Oraon, resident of Village
         Turuguru, Post Office Turuguru, Police Station Itki, District
         Ranchi                                ...      ...       Respondents
                                 ---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

08/23.02.2023

1. Learned counsel for the parties are present.

2. This writ petition has been filed for the following reliefs: -

"for issuance of an appropriate writ(s)/order(s) and / or direction(s) for quashing the order dated 11.02.2016 (Annexure-5) passed by respondent no. 3 in Survey Revision No. 79/2015 and order dated 08.02.2008 (Annexure-4) passed by respondent no. 4 in Objection Case No. 02/2006 filed under Section 83 of the Chhotanagpur Tenancy Act for correction in Records of Rights.

AND For issuance of further writ/order/direction restraining the respondents to interfere with the peaceful cultivating possession of petitioners over Khata No. 205/12, Plot No. 1031/581, Area 91 decimal in Mouza Turuguru (Bero).

And For issuance of further writ/order/direction as Your Lordships may deem fit and proper for doing conscionable justice to the petitioners."

3. Learned counsel for the respondent-State Mr. Uttam Kumar Das submits that the petitioners have efficacious alternative remedy of appeal in terms of Section 74 of Chhota Nagpur Tenancy Act.

4. Upon this, learned counsel for the petitioners seeks permission to withdraw this writ petition. He submits that liberty may be reserved with the petitioners to avail their alternative remedy of appeal as per law.

5. Considering the aforesaid submission, this Court is not inclined to proceed any further in the present writ petition on account of availability of efficacious alternative remedy of appeal available to the petitioners. However, liberty is reserved with the petitioners to avail the alternative remedy within a period of two months from today.

6. This Court has not entered into the merits or otherwise of the case of the petitioners.

7. Accordingly, the present writ petition is hereby disposed of.

8. Pending interlocutory application, if any, is closed.

(Anubha Rawat Choudhary, J.) Mukul

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