RANCHI, India, July 28 -- Jharkhand High Court issued the following order on June 30:

1. The instant writ petition has been filed for quashing the order dated 14.09.2016 in Demarcation Case No. 34/2016-17 with respect to Plot No. 364, Area 0.09 acres under Khata No. 433 over which the petitioner claims to be in settled possession for last fifty years. The order passed in the demarcation case has been affirmed in appeal and revision against which the instant writ petition has been preferred. By the concurrent order, the possession of the petitioner has been declared to be illegal.

2. It is argued by learned counsel for the petitioner that earlier a proceeding under Section 133 Cr.P.C. was initiated (Annexure-1) which was dropped vide order dated 24.06.1958 passed by the Sub Divisional Officer, Daltonganj, as not maintainable for the reason that the encroachment was quite old and there was no apprehension of breach of peace. Petitioner claims to be in possession of the land for more than 5 to 7 decades. It is further submitted that JPLE Case No. 01 of 2024-25 been filed and was passed by the Circle Officer, Bishrampur against which W.P.(C) No. 5137 of 2024 was filed.

3. It is submitted by the learned Counsel on behalf of the State that there is concurrent finding of facts recorded by three courts regarding the physical possession of the land in dispute, where in the Petitioner has been found to have encroached over public land.

4. Challenge in the instant case is to the concurrent findings recorded in demarcation case. On the basis of the said finding an encroachment case has been initiated against the Petitioner which is under challenge in a separate writ petition.

5. An order passed in the demarcation case as such does not lead to dispossession of a party. Since this Court cannot enter into the contested question of finding of facts, and further such finding cannot ipso facto lead to dispossession of any party, therefore, this Court is of the view the instant writ petition is not maintainable and is accordingly, disposed of with liberty to the petitioner to pursue available remedy against apprehended dispossession.

I.A., if any stands disposed of.

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