KRISHNA MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the State respondents to stop construction of Indira Awas being made by the respondent no.6 with connivance of respondent no.5 over the land appertaining to Khata no.20, plot no.598, measuring an area of 3 decimals, village Korra, P.O. and P.S. Ichak, District Hazaribagh, which has been purchased by the petitioner from one Nathu Bhuiyan, son of Late Sohan Bhuiyan vide sale deed no.3665 dtd. 28/2/2007. Further prayer has been made for issuance of direction upon the State respondents to make the petitioner's land free from obstruction and to ensure that there should not be any construction of Indira Awas over the said land.

(2.) Heard learned counsel for the parties and perused the materials available on record.

(3.) The case of the petitioner is that there is no ingress and egress of the aforesaid land, as has been reported by the Circle Officer, Sadar, Hazaribagh- respondent no.4 vide letter dtd. 19/1/2019 addressed to the Sub Divisional Officer, Sadar, Hazaribagh- respondent no.3 in connection with Case no.16 of 2017 initiated under Sec. 147 Cr.P.C. Further case of the petitioner is that the vendor of the said land had permitted the petitioner to use part of the same for ingress and egress purpose over which an Indira Awas has been sanctioned in favour of the respondent no.6.