Petitioners sought a direction to stop school construction on their allegedly encroached land. The Court held that no cause of action survived based on the respondents' stand that no construction occurred. The writ application was disposed of.
The writ application stands disposed of as no cause of action survives.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 4684 of 2022
…... …. Petitioners
CORAM : HON’BLE MR. JUSTICE AMBUJ NATH
For the Petitioner : Mr. Shadaf Eqbal, Advocate Mr. Abhishek Kr. Sinha, Advocate
For the Respondent-State : Mrs. Shalini Shahdeo, AC to S.C (L &C)-I
08/ Dated 02.08.2023
Heard the parties.
Petitioners have filed this application, seeking direction to stop the construction work of 'Eklavya Model Residential School' on the petitioners' land, appertaining to Khata No.92, Plot No.2, Mouza-Khairbani, Rajnagar, District Seraikella-Kharsawan.
The grievance of the petitioners is that the respondents had illegally encroached the petitioners' land to construct a school on it.
It transpires from perusal of the order dated 09.05.2023 that the respondents were directed to demarcate the land of the petitioners which was earlier settled in their names, in presence of the respondent No.3, the Circle Officer, Rajnagar, Seraikella-Kharsawan and the petitioners.
The respondents have filed counter affidavit, stating that the school was not being constructed on the land of the petitioners.
Mrs. Shalini Shahdeo, learned counsel for the respondents has submitted that the respondents had not made any construction on the land of the petitioners and there was no intention of encroaching their land.
In view of the stand taken by the respondent No.3, no cause of action has survived in this writ application. Accordingly, this writ application stands disposed of.
BS/
(Ambuj Nath, J.)
1 issue framed by the court
Whether the cause of action survives in a writ application seeking a direction to stop construction work alleged to be encroachment by respondents on petitioners' land.
Palu Manjhi
Sona Mani Manjhiain
Parvati Majhiain
The State of Jharkhand
The Deputy Commissioner, Seraikella-Kharsawan
The Circle Officer, Rajnagar, Seraikella-Kharsawan
Ambuj Nath
As recorded by the court registry
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