The petitioner sought a direction to prevent the demolition of his shop in Kadma Market Area, which had allegedly been removed during an anti-encroachment drive on public land. Finding the shop already removed, the Court refused to interfere.
The High Court refused to issue a direction to prevent the demolition and dismissed the writ petition.
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.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 5116 of 2015
Deepak Kunwar, son of late Golak Kunwar, resident of Road No. 7, Ram Nagar, P.O. & P.S.-Kadma, Town-Jamshedpur, District-East Singhbhum ... … Petitioner
Versus
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. J. N. Upadhyay, Advocate For the Respondent-State : Mr. Sahil, JC to SC (L & C)
02/04.12.2017 The present writ petition has been filed for issuance of direction upon the concerned respondents not to demolish the shop of the petitioner which is situated in Kadma Market Area, Jamshedpur, East Singhbhum.
On perusal of the statements made in the counter-affidavit filed on behalf of respondent nos. 2 to 4, it appears that the petitioner was running his shop in unauthorised manner over the public land and accordingly, in course of anti encroachment drive, the shop of the petitioner has been removed from the encroached Government land.
Considering the fact that the shop of the petitioner in question has already been removed by the authority in an anti encroachment drive, I am not inclined to interfere with the impugned action of the respondents.
The writ petition is accordingly dismissed.
(Rajesh Shankar, J.)
Manish
1 issue framed by the court
Whether the High Court should issue a direction to prevent the demolition of the petitioner's shop by the respondents.
Deepak Kunwar
The State of Jharkhand
The Deputy Commissioner, East Singhbhum
Land Reforms Deputy Collector, Jamshedpur
Sub-Divisional Officer, Jamshedpur
Jamshedpur Notified Area Committee, Sakchi, East Singhbhum
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
