The petitioner challenged illegal construction over specific land plots by a private respondent. The court held that earlier verification reports indicated the construction occurred on adjacent plots under a different Khata, not the disputed plot, rendering the petition infirm on facts.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 7518 of 2017
Lal Badrinath Shahdeo ….. Petitioner
Versus
….. Respondents
CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner: Mr. Vivek Rai For the State: Mr. Gaurav Raj, A.C to A.A.G-II
05/05.01.2021 The case is taken up through Video Conferencing.
The present writ petition has been filed for issuance of direction upon the respondents to stop illegal construction being made over the portion of the land appertaining to Khata No. 72, Plot No. 520, Thana No. 180, Mouza-Hotwar, District-Ranchi, measuring an area of 1.78 Acres by the respondent No.5 (private respondent).
Heard learned counsel for the parties and perused the contents of the present writ petition.
On perusal of letter No. 463 (ii) dated 04.11.2016 (Annexure-4 to the writ petition) issued by the respondent No.4, it appears that on the request of the petitioner, physical verification of the land appertaining to Khata No. 9 as well as Khata No. 72 was made wherein it was found that certain construction was being made by the respondent No.5 over Plot Nos. 521, 522, 565 & 577 situated under Khata No. 9 measuring an area of 0.47, 0.20, 0.88 & 0.51 Acre respectively (total area 2.06 Acres). Since the said plots under Khata No. 9 were quite adjacent to Plot No. 520 (the plot in question), Khata No. 72, according to the respondent No.4, it might have been appeared to the petitioner that the said construction was being made over the said plot under Khata No. 72.
Since the present writ petition involves factual issue which has already been verified as would be evident from the letter dated 04.11.2016 issued by the respondent No.4, I see no reason to entertain the present writ petition.
The present writ petition is accordingly dismissed.
(RAJESH SHANKAR, J)
Satish/-
1 issue framed by the court
Whether the writ court should entertain a petition regarding illegal construction when factual verification indicates the dispute concerns adjacent lands.
Lal Badrinath Shahdeo
The State of Jharkhand
The Secretary, Department of Revenue, Ranchi
The Deputy Commissioner, Ranchi
The Circle Officer, Bargai, Ranchi
The Director, M/s Sarwapriya Sports Club Private Limited, Ranchi
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
