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Judgment
By filing this writ petition, the petitioner has prayed for the following reliefs:-
"A) For issuance of appropriate writ/order/directions commanding the respondents (Circle Officer Bundu in particular) to show cause as to under what authority/power/order have/has demolished the house structure of the petitioner on 07-06-2021 situated over portion of Khata no.86 Plot no.675 of his share at Village Dalkidih P.S. Bundu District Ranchi, illegally arbitrarily & forcibly.
B) For issuance of appropriate writs/ rules/ orders/ directions to the respondents to compensate the petitioner forthwith for illegally/forcibly demolishing the house structure from over his own land on Khata no.86 Plot no.675 out of Area 2.00 Acre Mouza/village Dalkidih P.S. Bundu District Ranchi, and not to capture his such land in the garb of construction of any govt. institution illegally."
Heard learned counsel representing the petitioner and learned counsel representing the respondents, at length.
The petitioner is claiming that the land in question was settled in favour of his ancestors and after the death of his ancestors, a portion of the said land fell in share of this petitioner. The petitioner thereafter had constructed a house in Khata No.86, Plot No.675, at Village Dalkidih, P.S. Bundu, District Ranchi, which according to him falls in his share, but as the State wanted to construct an I.T.I. Hostel in that area finding the aforesaid land suitable, they noticed the petitioner to remove the house structure and within two days, demolished the same.
It is the grievance of the petitioner that when the land belongs to the petitioner and he has got title, his house could not have been demolished, that too, within two days and without any proceeding.
The petitioner has thus questioned the aforesaid act of the respondent – State, whereby house of the petitioner had been demolished. He also prayed for an appropriate compensation for such demolition.
Learned counsel representing the respondent – State, opposes the prayer of the petitioner and submits that the land in question is a Gair Mazarua land, as per the Khatiyan. He submits that an inquiry was conducted by the officials and it was also found that nature of the land is Gair Mazarua, and the petitioner had constructed a small structure with bricks and asbestos, without having any title. He questions the authenticity of the documents annexed as Annexure-1 to this writ petition, which are settlement paper, map etc.
From the argument of the parties, I find that it is an admitted fact that the structure has been demolished. Whether the structure was an authorized construction or not and whether the petitioner was the titleholder of the land in question or not, needs to be decided. It is also needs to be adjudicated as to whether the land in question was settled in favour of ancestors of the petitioner or not. All these facts need to be proved by adducing documentary evidence and oral evidence.
Further, on the question of compensation for demolition, I am of the opinion that the compensation for dispossessing the petitioner also needs to be assessed, after evidences are adduced and the loss is properly assessed. This also cannot be done in an application under Article 226 of the Constitution of India.
Thus, I direct the petitioner to approach the Civil Court of appropriate jurisdiction claiming his right, title and interest over the land in question.
If it is found that the petitioner is the raiyat and the land in question was properly and legally settled in favour of ancestors of the petitioner, the same must be considered and appropriate order be passed.
With the aforesaid observations and directions, this Writ Petition stands disposed of.
Pending interlocutory application being I.A. No.12832 of 2025, also stands disposed of.