Jharkhand High Court
Swati Salisabeth Tirkey vs The State Of Jharkhand on 23 March, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No. 168 of 2022
Swati Salisabeth Tirkey ..... ... Petitioner
Versus
1. The State of Jharkhand.
2. The Director General of Police, Govt. of Jharkhand, Ranchi.
3. The Senior Superintendent of Police, Ranchi.
4 The Deputy Superintendent of Police (City), Ranchi.
5. The Officer-in-charge, Chutia Police Station, Ranchi.
6. The Deputy Commissioner, Ranchi.
7. The Sub-Divisional Officer, Ranchi.
8. The Circle Officer, Sadar, Ranchi.
9. Faiyaz ..... ... Respondents.
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Deepak Kumar Prasad, Advocate.
For the State : Mr. Binit Chandra, A.C. to A.A.G.-III.
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04/ 23.03.2023 This petition has been filed for a direction upon the respondents-
State to take steps and protect the petitioner from the offence committed upon
including illegal construction of wall on Plot No. 819 (road) and infringement
of her fundamental right in presence of police official and for such failure
action may kindly be taken against the erring officers.
Learned counsel appearing for the petitioner submits that the
petitioner's ancestors are in possession of plot No. 816 and 820 and the
connecting road of 6 feet going through the plot No. 816 and plot No. 819
has been blocked. He submits that Dr. Shoshil Tirkey, the grandfather of the
petitioner had preferred the Misc. Case No. 184 of 1977 before the Sub-
Divisional Magistrate, Ranchi and the same was decided by the Executive
Magistrate, Ranchi on 31.08.1978 in favour of her grandfather. He further
submits that the private respondent Profullo Kumar Tirkey has preferred the
T.S. No. 157 of 1978 for declaration of the title over the suit land, however,
the same was dismissed vide judgment dated 18.07.1988 and against the said
judgment, the Title Appeal No. 69 of 1988 has also been dismissed by the
judgment dated 09.08.2002. It has further been submitted by learned counsel
appearing for the petitioner that for 6 feet road connecting to plot No. 816 to
Municipal Road is going through Plot No. 819, a complaint has been made
before the Deputy Commissioner, Ranchi by filing a representation dated
05.03.2022, as contained in Annexure-5 of the petition, however, no action
has been taken that's why, this court vide order dated 30.06.2022 has been
pleased to call upon the counter affidavit from the respondent-State and
notice was issued to respondent No. 9. Learned counsel further submits that
the respondent No. 9 is also not appearing before the SDO, Sadar, Ranchi.
A counter affidavit has been filed on behalf of respondent Nos.
6, 7 and 8, wherein it has been disclosed that the Executive Magistrate, Sadar,
Ranchi submitted the report vide letter No. 130 dated 02.05.2022 and as per
the said report, the petitioner is currently using a mission road on the South-
Western side of her house. However, in the said report, it has been disclosed
that the original road has been blocked by the respondent No. 9 and pursuant
to that a proceeding under Section 147 Cr.P.C. vide Misc. Case No. 1197 of
2022 has been initiated by the Executive Magistrate, on the report of the
Circle Officer, Town, Ranchi.
In view of the above facts and considering that the Executive
Magistrate, Sadar, Ranchi has registered the case under Section 147 Cr.P.C.
finding that the original road has been blocked and in that view of the matter,
the case is required to be decided at the earliest considering that the road has
been blocked, which has been fortified by the report of the Executive
Magistrate, Sadar, Ranchi (Annexure-A to the counter affidavit filed on
behalf of 6, 7 and 8).
In view of the above, this petition is disposed of directing the
respondent No. 7 to take a decision in accordance with law as early as
possible and intimate the same to the petitioner immediately.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
