RANCHI, India, Aug. 13 -- Jharkhand High Court issued the following order on July 14:
1. Heard the parties.
2. The petitioner has filed this writ petition under Article 226 of the Constitution of India for the following reliefs:
(i) for issuance of an appropriate writ(s)/order(s) in the nature of mandamus for clearing of obstruction created by opposite party no.6, which is the only way of ingres and outgres of the petitioner and his family member, land pertaining to Khata no. 18, plot no. 62, thana number 13, Halka No. 8, Rakwa 6, decimal mauza Gosaidih, District Ranchi, which is the only approaching road of the petitioner and his family member.
(ii) be further pleased to instruct the concern authority, in future no encroachment should be made by the opposite party no. 6, after clearing the encroachment.
3. After hearing the parties, I find that the main grievance of the petitioner is in respect of removal of encroachment on a narrow passage which according to the petitioner, is given to him through an agreement between the parties of partition.
4. These types of dispute cannot be resolved in an application under Article 226 of the Constitution. If the petitioner feels that someone has encroached over his land, the petitioner should approach the authority under BNSS or should file a suit before the Civil Court, seeking appropriate relief.
5. I find no ground to entertain this writ petition since there is alternative efficacious remedy available to the petitioner which the petitioner should avail.
6. This writ petition is dismissed with liberty to the petitioner to approach the civil court or avail the alternative remedy.
Disclaimer: Curated by HT Syndication.
