Disposed¶20

Subhash Chandra Agarwal v. the State of Jharkhand

Jharkhand HC3 Jul 2026Cr.M.P./1834/2026

Case brief

AI extract

What is this about?

Jharkhand HC Cr.M.P No. 1834 of 2026 (decided 03.07.2026, Ananda Sen J.): refusal to modify para 8 of order dated 21.02.2024 in W.P. (Cr.) No. 592 of 2023; expeditious disposal of Title Suit No. 31 of 2019 directed in expectation, day-to-day hearing, no unnecessary adjournments; Section 528 BNSS 2023; Article 226 Constitution; easementary rights; road/passage obstruction; Executive Court orders subject to civil suit outcome.

What did the court decide?

No modification of paragraph 8 of the order dated 21.02.2024; petition disposed of with an expectation that Title Suit No. 31 of 2019 be decided expeditiously, on a day-to-day basis, without unnecessary adjournments. ¶20

Subhash Chandra Agarwal Vs the State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2026)

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( 2026:JHHC:19597 )

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P No. 1834 of 2026

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Subhash Chandra Agarwal, aged about 67 yrs, s/o late Hari Nandan Agarwal, r/o Near Railway Crossing Adityapur, PO & PS Adityapur, Dist. Serailella Kharsawan … Petitioner(s).

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Versus

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State of Jharkhand

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Deputy Commissioner, East Singhbhum having its office at Sakchi, PO & PS Sakchi, Dist. East Singhbhum Jamshedpur

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Shakuntala Devi, w/o late Nand Kishore Agarwal, r/o Adityapur PO & PS Aditypur Dist. Seraikella Kharsawan … Opp. Party(s).

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Jitendra Nath Upadhyay, Advocate For the State : Mr. Devesh Krishna, SC (Mines)-III

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02 /03.07.2026:

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Heard the parties.

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This Criminal Miscellaneous Petition has been filed under Section 528 of Bharatiya Nagarik Surakhsa Sanhita, 2023 for modification of para 8 of order dated 21.2.2024 passed in W.P. (Cr.) No. 592 of 2023.

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W.P. (Cr.) No. 592 of 2023 was filed under Article 226 of the Constitution wherein a prayer was made for a direction upon respondent no.2 to clear the obstruction on the road/passage used by the petitioner and the villagers for more than 20 yrs. Petitioner is claiming easementry rights by virtue of an order of Executive Court.

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During course of argument, it was brought to the notice that Title Suit No.31 of 2019 is pending between the parties. Since the suit was pending between the parties, this Court in paragraph-8 of the order dated 21.02.2024 ordered that the parties should await the final decision of the civil suit. It was further ordered that the decision in the civil suit will prevail over the orders which was passed by the Executive Courts.

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Today, it has been brought to the notice of this Court by the learned counsel for the petitioner that the civil suit is still pending and has not yet been decided and it is being delayed at the instance of the opposite parties.

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Considering the said submission, I am not inclined to recall and modify the observations made in paragraph 8 of the order dated 21.02.2024, but it is expected that the Title Suit No. 31 of 2019 be disposed of at the earliest by the court concerned, without granting any unnecessary adjournment to the parties. The court should make an endeavor to take up the suit on day to day basis.

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Accordingly the instant petition stands disposed of.

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(ANANDA SEN, J.)

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03.07.2026 Anjali/Uploaded…./07/2026

Subhash Chandra Agarwal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Subhash Chandra Agarwal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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