RANCHI, India, May 18 -- Jharkhand High Court issued the following order on April 16:
1. By way of filing this writ application, the petitioners pray for following relief:
"(i) For the issuance of an appropriate writ, order or direction commanding/directing the respondents to get the encroachment removed from the public road leading to the lands and houses of the petitioners at Sarveshwari Ashram in Thana no. 26, Mauza-Nawadih in Chas (M) Police Station in Bokaro District, which has been encroached by the Respondent No.6 causing complete obstruction to petitioners' respective lands and houses.
(ii) For the issuance of a further appropriate writ, order or direction commanding/directing the respondents to provide safety to the life and property of the petitioners who are in constant threats of dispossession by the Respondent No. 6."
2. It is the grievance of the petitioner that the private respondent No.6 has encroached upon the public road/ land which is creating hindrance.
3. Learned counsel for the petitioners submits that on several occasions, the proceeding under Section 144 of the Code of Criminal Procedure has been initiated but still no appropriate action has been taken.
4. Considering the said submission made by the petitioner and the nature of dispute, I am not inclined to entertain this writ application as there are alternative remedy available to the petitioner. The petitioner can avail the remedy under the B.N.S.S. and also under the Jharkhand Public Land Encroachment Act.
5. If such application is filed by the petitioners, it is expected that the authority will proceed strictly as per the law.
6. With the above observations and directions, this writ petition is disposed of.
Disclaimer: Curated by HT Syndication.
