Swati Salisabeth Tirkey vs The State Of Jharkhand And Others
2022 Latest Caselaw 1984 Jhar

               IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 168 of 2022

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        Swati Salisabeth Tirkey                              ..... Petitioner
                                 --   Versus         --
        The State of Jharkhand and Others                    ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Deepak Kumar Prasad, Advocate For the State :- Mr. Binit Chandra, Advocate

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2/13.05.2022 This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

It has been submitted by the learned counsel for the petitioners that petitioner's ancestors are in possession of plot nos.816 and 819 and the connecting road of 6 feet going through plot nos.816 and 819 has been blocked. It has been further submitted that Dr. Shoshil Tirkey (grandfather of the petitioner) was preferred the Misc. Case No.184/1977 before the Sub Divisional Magistrate, Ranchi and same was decided by the Executive Magistrate, Ranchi on 31.08.1978 in favour of the petitioner. The private respondent Prafullo Kumar Tirkey was preferred the Title Suite No.157 of 1978 for declaration of the title over the suit land described that is with regard to the plot in question and the same was dismissed by judgment dated 18.07.1988 and the Title Appeal No.69 of 1988 has also been dismissed by order dated 09.08.2002 which was instituted by the private respondent. It has been submitted that the 6 feet road has been blocked by the private respondent. It has further been submitted that for that complaint has been made before the Deputy Commissioner, Ranchi and S.S.P., Ranchi by way of filing a petition dated 05.03.2022 contained in Annexure-5, however, no action has been taken.

Let notice be issued upon the O.P.No.9 by registered post with A/d as well as under ordinary process for which requisites etc. must be filed within two weeks.

The respondent State shall take instruction and file counter affidavit within one week after summer vacation.

Let it appear on 30.06.2022.

The pendency of this writ petition, shall not be an impediment in demolishing of boundary wall if the authority concerned comes to the conclusion that it has been illegally constructed.

( Sanjay Kumar Dwivedi, J)

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