Jharkhand High Court
Sunil Kumar Jaiswal vs The State Of Jharkhand on 27 June, 2018
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No.2892 of 2017
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1. Sunil Kumar Jaiswal.
2. Vijay Choudhary. .......... Petitioners.
-Versus-
1. The State of Jharkhand, through the Deputy Commissioner, Deoghar.
2. The Secretary, Department of Revenue and Land Reforms, Government of Jharkhand, Ranchi.
3. The Secretary, Department of Urban Development, Government of Jharkhand, Ranchi.
4. The Deputy Commissioner, Deoghar.
5. The Additional Collector, Deoghar.
6. The Circle Officer, Madhupur, District Deoghar.
7. The Madhupur Nagar Parishad through its Executive Officer, Madhupur, District Deoghar.
8. The Executive Officer, Madhupur Nagar Parishad, Madbhupur, District Deoghar.
.......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Ranjan Kumar Singh, Advocate For Respondent Nos.7 & 8: Mr. Rajesh Kumar, Advocate
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Order No.06 Date:27.06.2018
1. The present writ petition has been filed for issuance of a writ of mandamus commanding upon the respondents particularly respondent nos.4 to 7 to forthwith stop the construction of Madhupur Ramchandra Bazar Hat (Sabji Market Complex), as the same is directly affecting the right of livelihood of the petitioners and other similarly situated persons who have been possession of the land in question for the last 50 years as well as the said construction is contrary to the judgment and decree passed in Title suit No.7 of 1921 by the Civil Court of competent jurisdiction. Further prayer has been made for issuance of a direction upon the respondents to construct the said multi storied complex over the land, which is known as 'Machhali Bazar and Dahi-Chuda Market', as the said Machhali Bazar is having road from four sides and is suitable for construction of multi storied complex.
2. Learned counsel for the petitioners submits that the petitioners have been residing by making construction over the land in question for the last several decades, which is situated near Sabji Mandi. There was a vacant space in front of the petitioners' houses, which was being used by the petitioners for business purpose. However, the respondent no.7 -2- has decided to construct a multi storied market complex over the land of Sabji Mandi pursuant to transfer of the land to the respondent no.7 by the Revenue Department, Government of Jharkhand vide Resolution No.M12S dated 17th October, 2013.
3. The main grievance of the petitioners is that by making construction of the multi storied market complex in front of the dwelling houses of the petitioners, their easement rights have been seriously affected.
4. A counter affidavit has been filed on behalf of the respondent nos.7 and 8 denying and disputing the averments made by the petitioners in the writ petition.
5. Having heard learned counsel for the petitioners and the respondent no.7, it appears that several disputed question of facts have been raised by both the sides, which cannot be adjudicated in extra ordinary writ jurisdiction of this court. The writ petition is, accordingly, dismissed being not maintainable.
6. The petitioners are, however, at liberty to take appropriate recourse against the action of the respondent no.7 as provided under the law.
(Rajesh Shankar, J.) Sanjay/