Disposed¶21

Avinash Kumar v. the State of Jharkhand

Jharkhand HC27 Aug 2024WPC/4438/2024

Case brief

AI extract

What is this about?

Writ petition (W.P.(C) No. 4438 of 2024, Jharkhand HC, 27.08.2024, Justice Sanjay Kumar Dwivedi) disposed of: petitioner Avinash Kumar directed to pursue his undecided petition before the Circle Officer, Sadar, Hazaribag, who must decide in accordance with law and pass appropriate order regarding forcible possession arising out of respondent Nahin Michyari's application in Land Demarcation Case No. 76/2024-25; pending I.A. also disposed of.

What did the court decide?

Writ petition disposed of: petitioner directed to pursue his pending petition before the Circle Officer, Sadar, Hazaribag; Circle Officer directed to decide it in accordance with law and pass appropriate order if none taken yet; pending I.A., if any, stands disposed of. ¶21

Avinash Kumar Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent no. 4 (Circle Officer) should be restrained by judicial direction from taking forcible possession of the petitioner's property pursuant to respondent no. 6's application in Land Demarcation Case No. 76/2024-25.

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Court's answer

In disposing of the writ petition, the Court directed the petitioner to pursue the petition he had already filed before the Circle Officer, Sadar, Hazaribag.

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Ratio / Principle

The Circle Officer, Sadar, Hazaribag was directed to take a decision on the petitioner's petition in accordance with law and pass an appropriate order if no decision has yet been taken.

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Key takeaways

Any pending interim application (I.A.) attached to the writ petition also stands disposed of.ratio¶23

Detailed headnote1 paragraphs

High Court of Jharkhand, Ranchi (Sanjay Kumar Dwivedi, J.), W.P.(C) No. 4438 of 2024, decided 27.08.2024 - Avinash Kumar v. The State of Jharkhand and others. The petitioner sought a direction restraining respondent no. 4 (Circle Officer, Hazaribag) from taking forcible possession of his property in Land Demarcation Case No. 76/2024-25, initiated on an application by respondent no. 6. The petitioner had already filed a petition before the Circle Officer, Sadar, Hazaribag on which no decision had been taken, and counsel for the State confirmed that the Circle Officer could decide it. The Court disposed of the writ petition, directing the petitioner to pursue that petition and requiring the Circle Officer, Sadar, Hazaribag to take a decision in accordance with law and pass an appropriate order if none had yet been taken; any pending I.A., if any, stands disposed of. No statute or precedent is cited in the judgment.

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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W.P.(C) No. 4438 of 2024

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Avinash Kumar, aged about 36 years, son of Rameshwar Ram, resident of 63 Hurhuru, Near MI School, P.O. Hazaribag, P.S. Sadar, Hazaribag, District-Hazaribag, Jharkhand

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….. Petitioner

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-- Versus --

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The State of Jharkhand.

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The Deputy Commissioner, Hazaribag, P.O., P.S. and DistrictHazaribag

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The Sub-Divisional Officer, Hazaribag, P.O., P.S. and DistrictHazaribag

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The Circle Officer, Hazaribag, P.O., P.S. and District-Hazaribag

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The Officer-in-Charge of Bara Bazar Police Station, P.O. Bara Bazar, P.S. Bara Bazar, District- Hazaribag

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Nahin Michyari, son of late Nowel Michyari, resident of Michyari Lane, P.O. Hazaribag, P.S. Sadar Hazaribag, District-Hazaribag, Jharkhand

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……….Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Suraj Verma , Advocate

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For the State : Mr. Rahul Kamlesh, A.C. to S.C-IV

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02 /27.08.2024 :-Heard learned counsel for the petitioner and learned counsel for the respondent-State.

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Prayer in the writ petition is made for direction upon the respondent no. 4 not to take forcible possession of the property from the petitioner in Land Demarcation Case No. 76/2024-25 pursuant to an application filed by the respondent no.6.

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Learned counsel for the petitioner submits that the petitioner has already filed petition before the Circle Officer, Sadar, Hazaribag however, no decision has been taken on the said petition.

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Learned counsel for the State submits that the said petition can be decided by the Circle Officer.

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In view of above this writ petition is being disposed of

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directing the petitioner to pursue the said petition before the Circle Officer, Sadar, Hazaribag and the Circle Officer, Sadar, Hazaribag shall take a decision in accordance with law and pass appropriate order, if no decision has been taken as ye.t Pending I.A., if any, stands disposed of.

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( Sanjay Kumar Dwivedi, J.)

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Satyarthi/

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Avinash Kumar v. the State of Jharkhand

Case brief

What is this about?

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Avinash Kumar v. the State of Jharkhand

Case brief

What is this about?

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