Dismissed

Upendra Prasad Singh v. State of Jharkhand

Jharkhand HC14 Jul 2023WPC/2213/2023

Case brief

AI extract

What is this about?

The Supreme Court of Jharkhand dismissed a Public Interest Litigation praying for provision of land to bypass a graveyard encroaching Highway NH-75. The Court found the relief misconceived, noted non-compliance with PIL rules, and held the case covered by a Supreme Court precedent.

What did the court decide?

WP (PIL) dismissed; all pending Interlocutory Applications disposed of.

Upendra Prasad Singh Vs State of Jharkhand — Public Procurement and Tenders | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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WP (PIL) No. 2213 of 2023

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Upendra Prasad Singh

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... ... ... Petitioner

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Versus

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State of Jharkhand

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Principal Secretary, Dept. of Road Construction, Govt. of Jharkhand

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Deputy Commissioner, Garhwa

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Sub-Divisional Officer, Garhwa

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Circle Officer, Garhwa

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Regional Officer, National Highway Authority of India

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Project Director, National Highway Authority of India

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… … ... Respondents

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CORAM: SRI SANJAYA KUMAR MISHRA, C.J. SRI ANANDA SEN, J. --------For the Petitioner: Mr. Santosh Kumar Tiwari, Advocate For the State: Mr. Rajiv Ranjan, AG Mr. Piyush Chitresh, AC to AG For the NHAI: Mrs. Sweety Topno, Advocate Mr. Amit Raj Kisku, Advocate ---------

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03 /Dated: 14.07.2023

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Upon hearing the learned counsel for the parties, this Court passed the following, (Per. Sanjaya Kumar Mishra, C J.)

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ORDER

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By filing this W.P(PIL), the petitioner has prayed for as

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under:-

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“Providing the piece of land which is Gairmajurua in nature measuring an area about 550 metres bearing Khata No.114 &88, Plot No. 139 & 47 which has been illegally encroached by the people for the purpose of graveyard, whereby and whereunder, National Highway Authority of India is undertaking the four laning work from Sankha to Khajuri section of NH-75 by passing Garhwa town in Jharkhand. The Project is part of the RanchiVaranasi other economic corridor under Bharatmala Pariyojana which has been objected by the local public in village Nawadih on the ground that the National Highway road passing through graveyard.”

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-2-

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It appears from the face of the records that relief sought for by the petitioner is misconceived. No such direction can be given to parties in a PIL. Moreover, the WP (PIL) was filed without complying with Rule 4 & 5 of the Jharkhand High Court (Public Interest Litigation) Rules, 2010. Further this case is squarely covered by the judgment passed by the Hon’ble Supreme court in the case of State of Jharkhand Vrs. Shiv Shankar Sharma & Ors. reported in 2022 SCC Online SC 1541 . Thus we do not find any merit in this W.P (PIL).

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Accordingly, the instant WP (PIL) stands dismissed.

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All pending Interlocutory Applications stand disposed of.

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No orders as to costs.

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Grant urgent certified copy of this order as per the Rules.

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(Sanjaya Kumar Mishra, C.J.)

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(Ananda Sen, J.)

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Anjali/

Upendra Prasad Singh v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Upendra Prasad Singh v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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