Raj Kishore Sinha vs State of Jharkhand And Ors

The present case is taken up today through Video conferencing.

The present writ petition has been filed restraining the respondents from forcibly and illegally dispossessing the petitioner from his land appertaining to Dag No.- 549A, Tojee No. 618, Mouza- Rasikpur No. 02, Thana- Dumka measuring an area of 01 bigha 19 kathas 19 dhurs (hereinafter to be referred as "the said land") and to stop construction of the PCC road on the petitioner's land and if it is found that the petitioner has been dispossessed from the aforesaid land or part thereof, he may be put back in possession forthwith.

Learned counsel for the petitioner submits that the petitioner has lawful title and possession over the said land. He was informed by the respondent no. 7 on or around 10th January, 2021 that a road would be constructed using his part of the land. After coming to know the said fact, the petitioner approached the Deputy Commissioner, Dumka (the respondent no. 2) and the Sub-Divisional Officer, Dumka (the respondent no. 3) by filing representations dated 11.01.2021 requesting inter alia to stop the construction of PCC road over the part of his land. The petitioner also made application before the Circle Officer, Dumka Circle (the respondent no. 4) on 15.01.2021 requesting inter alia to stop the construction of PCC road and demarcate his land so that he could raise a boundary wall over his land. The respondent no. 4, however, did not pass any order, rather informed the petitioner orally that if the land belonged to him, he could raise the boundary wall. Thereafter, when the petitioner started constructing boundary wall over the western side of his plot on 21.01.2021, the said construction was stopped by some anti-social elements on 24.01.2021. The petitioner put the said fact to the knowledge of the respondent no. 2 by filing another representation on 25.01.2021. The grievance of the petitioner is that on unlawfully acquiring the petitioner's land, the respondent no. 5-Dumka Nargar Parishad, Dumka, by engaging contractors, wants to forcibly construct the PCC road utilizing the part of the petitioner's land.

Mr. Indranil Bhaduri, learned S.C.-IV appearing on behalf of the respondent nos. 1 to 6, submits that since the present matter is required to be factually examined by a competent authority, if the petitioner prefers a fresh representation on the present issue before the respondent no. 2, an appropriate decision in accordance with law will be taken by the said authority.

Having heard the learned counsel for the parties and keeping in view the nature of the prayer made by the petitioner in the present writ petition, without entering into the merit of the case, the petitioner is given liberty to prefer a fresh representation before the respondent no. 2 on the present issue. On receipt of the said representation, the respondent no. 2, after providing due opportunity of hearing to the petitioner and on making inquiry (if so required), shall take an informed decision expeditiously, preferably within a period of one month from the date of filing of the said representation.

The writ petition is disposed of with aforesaid liberty and direction.

I.A. No. 1498 of 2021 also stands disposed of accordingly.