Petitioner sought writ directions to police not to obstruct construction on land where he held absolute title via court decree. Court held it is not an executing court and alternative remedy via district administration exists.
Relief refused; Court held it is not an executing court and petitioner must approach district administration.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 47 of 2023
Rambrij Sahu @ Rambrij Prasad … Petitioner
-Versus-
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Suraj Kumar, Advocate For the State : Mr. Mohammad Asghar, A.C. to Sr. S.C.-II
06/19.05.2023 This petition has been filed for direction to respondent no.5 to not obstruct the petitioner for making construction over the land in question. The prayer has been made to the extent that the petitioner is having absolute title over the land in view of the judgment and decree dated 16.02.2018 and 22.02.2018 respectively passed in Title Suit No.132/2004 as well as in Civil Appeal No.24/2018 vide judgment dated 11.02.2020 passed by the learned AJC-XIII, Ranchi.
(Sanjay Kumar Dwivedi, J.)
Ajay/
3 issues framed by the court
Whether the High Court should exercise its power under Article 226 to direct the respondent police not to obstruct the petitioner from constructing on the land despite a judgment and decree in a title
Whether the petitioner, having absolute title over the land by a court decree, has an alternative remedy available before the district administration rather than approaching this Court.
Whether this Court is inclined to treat itself as an executing court of a Civil Court for implementation of a decree regarding construction of land.
1 provisions across 1 enactments
Rambrij Sahu @ Rambrij Prasad
The State of Jharkhand
The Senior Superintendent of Police, Ranchi
The Superintendent of Police, Ranchi
Deputy Superintendent of Police, Ranchi
Officer In-charge, Ratu Police Station, Dist. Ranchi
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
