Appellant challenged a tender notice for road construction claiming land ownership. The Court held that the matter involved disputed questions of fact requiring a civil suit and declined to interfere.
The appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 254 of 2016
Raj Kumar Pandey, son of Brigunath Pandey, resident of villageBharatia, P.O., P.S. & District Garhwa ... … Appellant
Versus
For the Appellant : Mr. Shresth Gautam, Advocate For the State : Mr. Binod Singh, SC (L&C) Mr. Achinto Sen, JC to SC (S&C) -----
CORAM: HON’BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR
-----
02/Dated: 1st August, 2016 Per Virender Singh, C.J.
The petitioner throws challenge to the Notice Inviting Tender dated 28.12.2015, whereby applications were invited for construction of a stretch of road at District- Garhwa on the ground that some chunk of land on which the road was to be constructed belongs to the petitioner and it was never acquired and therefore, the tender should not be finalised, which contention was disputed by the respondents on the ground that on the said portion of the land, road exists from before.
2
2. Therefore, we thus, observing that the appeal involves disputed questions of fact and the remedy for it was the civil suit, decline to interfere with the impugned order of the learned Single Judge.
3. The appeal on hand thus, merits dismissal . Ordered accordingly .
(Virender Singh, C.J.)
(Shree Chandrashekhar, J.)
Manish / Amit
1 issue framed by the court
Whether the High Court should interfere in a dispute regarding land title where civil court jurisdiction is applicable.
Raj Kumar Pandey
State of Jharkhand through its Secretary, Rural Development Department
Chief Engineer, Rural Development Department
Superintending Engineer, Rural Development Department
Deputy Commissioner, Garhwa
Sub-Divisional Officer, Garhwa
Virender Singh
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
