Dismissed¶23

Pawan Kumar Gupta v. the State of Jharkhand

Jharkhand HC12 Mar 2025WPC/7158/2023

Case brief

AI extract

What is this about?

High Court of Jharkhand, Ranchi; W.P. (C) No.7158 of 2023; decided 12.03.2025 by Rajesh Shankar, J.; writ petition dismissed; SDO Dumka order memo No. 68 dated 19.01.2022; Circle Officer appointed as magistrate; eviction and sealing of property; Plot No. 1963, Mouza Dumka Town; alleged excess of jurisdiction; Original Suit No. 45 of 2018 pending before Civil Judge-I, Senior Division, Dumka; petitioners directed to pursue issue in pending civil suit.

What did the court decide?

Since Original Suit No. 45 of 2018 filed by petitioner no.1 is still pending before the Civil Judge-I, Senior Division, Dumka, the High Court is not inclined to entertain the present writ petition, which is accordingly dismissed. ¶23

Pawan Kumar Gupta Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.7158 of 2023

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Pawan Kumar Gupta, S/o Late Chhedi Prasad Sah;

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Prity Kumari, W/o Pawan Kumar Gupta; Both R/o Dangalpara, Hizla Road, Near Gramin Vananchal Bank, Sonwadangal, P.O.-Dumka, P.S.-Dumka Town, Subdivision & District-Dumka, Jharkhand.

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.......... Petitioners.

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-Versus-

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The State of Jharkhand

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The Sub Divisional Magistrate-cum-Sub Divisional Officer, Dumka, Jharkhand.

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The Circle Officer, Dumka, Jharkhand.

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Smt. Neelu Kumari, D/o Manikant Layak, W/o Amit Kumar, R/o Dangalpara, Phutabandh Road, P.O. Dumka, P.S.-Dumka Town, Subdivision & District-Dumka, Jharkhand.

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Asha Sah, W/o Late Rambilash Sah;

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Anil Rambilash Sah, S/o Late Rambilash Sah;

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Ajay Rambilash Sah, S/o Late Rambilash Sah;

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Sonu Devi, D/o Late Rambilash Sah; Respondent Nos. 5 to 8 R/o Jimi Park 2A, 302, Opposite Safal Complex, Sector 19A, Merul Node III, P.O. & P.S.Thane, District-Mumbai, Maharashtra.

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Punam Kumari, D/o Late Chhedi Prasad Sah, W/o Navin Kumar, R/o Rasikpur, P.O.-Dumka, P.S.-Dumka Town, Subdivision & District-Dumka, Jharkhand.

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.......... Respondents.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioners : Mr. Ashish Jha, Advocate : Mr. Kumar Nischay, Advocate For the State : Mr. Varun Prabhakar, A.C. to G.P.-III

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----- Order No.06 Date: 12.03.2025

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The present writ petition has been filed for quashing the order as contained in memo No. 68 dated 19.01.2022 issued by the Sub-Divisional Officer, Dumka (respondent no.2) who, according to the petitioners, has exceeded his jurisdiction by appointing Shree Yamun Ravidas, Circle Officer, Dumka as a magistrate for carrying out eviction of petitioner no.2 and respondent no.4 from building/house

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constructed over the Plot No. 1963, situated at MouzaDumka Town measuring an area of 1 Kattha, 11 Dhur as well as to seal the suit property by preparing an inventory of all the movable items kept at the suit property.

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Having heard learned counsel for the parties and considering that Original Suit No. 45 of 2018 filed by the petitioner no.1 is still pending before the Civil Judge-I, Senior Division, Dumka, I am not inclined to entertain the present writ petition and the same is accordingly dismissed.

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The petitioners are, however, at liberty to agitate the issue as raised in the writ petition in the pending suit.

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(Rajesh Shankar, J.)

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Arpit/

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-2-

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W.P. (C) No.7158 of 2023

Pawan Kumar Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Pawan Kumar Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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