Vijay Kumar Tiwari vs State Of Jharkhand And Ors
2023 Latest Caselaw 1571 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                               W.P.(C) No. 1000 of 2023
                                         With
                                   I.A. No.3265 of 2023
                Vijay Kumar Tiwari                              ...    ...      Petitioner
                                         Versus
                State of Jharkhand and Ors.          ...           ...        Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Pankaj Srivastava, Advocate For the Respondents : Mr. Mrinal Kanti Roy, Advocate

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02/12.04.2023 Learned counsel for the parties are present.

2. Initially this writ petition was filed raising grievance against the private respondent no.5. The petitioner is seeking amendment through I.A. No.3265 of 2023 to add another respondent no.6 as a party- respondent in the present case. He submits that there is another person who is entering into the property. He has also submitted that one petition under Section 147 Cr.P.C. has been filed before the respondent no.3, but no action has been taken.

3. He has referred to the order dated 10.04.2023 passed by the Hon'ble Supreme Court arising out of final judgment and order dated 25.01.2023 in L.P.A. No.449 of 2022 passed by this Court and has submitted that the Hon'ble Supreme Court has observed that the pending writ petition is to be decided on its own merit and order passed in the earlier writ petition dated 25.01.2023 by itself shall not be considered decisive. A copy of the order passed by the Hon'ble Supreme Court is taken on record.

4. Considering the nature of dispute involved in the present case and the fact that the matter relates to encroachment on public land, I.A. No.3265 of 2023 is allowed. Learned counsel for the petitioner is directed to implead Kamakhya Narayan Singh, son of late Ram Prasad Singh, resident of village - Sahijana, P.O. & P.S. - Garhwa, District Garhwa as respondent no.6 in the present case and carry out the necessary amendments in the cause title in red ink during the course of the day.

5. Issue notice to respondent no.5 and 6 under speed post and ordinary process for which requisites should be filed by 17.04.2023. Office is directed to track the speed post delivery and prepare proper office note with regard to service of notice.

6. Learned counsel for the State is also directed to seek instructions and file a detailed counter-affidavit in the present case latest by 08.05.2023.

7. Post this case on 10.05.2023 awaiting service report.

8. Pendency of this case will not be an impediment on the part of the respondent-State to proceed in accordance with law.

(Anubha Rawat Choudhary, J.) Saurav/