Vijay Lakshmi Choubey wife of Sri Harishankar Choubey v. State of Jharkhand
2023-04-10
ANUBHA RAWAT CHOUDHARY
body2023
DigiLaw.ai
JUDGMENT : Learned counsel for the parties are present. 2. This writ petition has been filed for the following reliefs:- “For issuance of direction upon the respondent not to interfere with the peaceful possession of the petitioner over their land without taking recourse of the law, AND for issuance of such other direction as your Lordships may deem fit and proper AND during pendency of this writ petition, the respondents be restrained from dispossessing the petitioners from their land.” 3. Learned counsel for the petitioners has submitted that the petitioners are in possession of the property involved in this case by virtue of registered sale deeds of the year 2010 to 2012 whose details have been mentioned in para 16 to 23 of the writ petition. Different petitioners claim to be in possession by virtue of different sale deeds. Learned counsel has submitted that without any notice and without acquiring the property involved in this case, the respondents are taking steps for constructing the Ring Road at Hazaribagh. 4. Learned counsel for the Respondents has submitted that there is title dispute involved in the present case and as per the government records, the land belongs to the government and therefore there was no question of any acquisition of land and therefore the land has not been acquired. He has also submitted that if the petitioners get their title declared through a competent court of civil jurisdiction, they will be entitled for compensation in terms of the provision of law. He has also submitted that the construction of Road is an important work undertaken by the respondents. 5. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this court finds that on the one hand, the petitioners are claiming title over the property through registered sale deed and on the other hand, it is the case of the respondents that the property belongs to the government. The matter relates to construction of Road and if the petitioner is found to have title, at best they would be entitled to compensation. 6. In such circumstances, this court finds that essentially there is title dispute between the parties which cannot be resolved through writ jurisdiction.
The matter relates to construction of Road and if the petitioner is found to have title, at best they would be entitled to compensation. 6. In such circumstances, this court finds that essentially there is title dispute between the parties which cannot be resolved through writ jurisdiction. However, it will be open to the petitioners to get their right, title and interest declared through a competent court of civil jurisdiction and in case, the title is ultimately declared in favour of the petitioners, they will have their remedy in accordance with law for seeking compensation. 7. This writ petition is accordingly disposed of.