Rajesh Kumar Mishra vs State Of Jharkhand Through The Executive Magistrate

Gautam Kumar Choudhary, J

Instant petition is filed under Article 226 of the Constitution of India for a direction for expeditious disposal of Case No.M-2257/2024 initiated under Section 166 of Bhartiya Nagrik Suraksha Sanhita, 2023, by the learned Executive Magistrate, Sadar, Ranchi.

It  is  submitted  by  the  learned  counsel  on  behalf  of  the  petitioners that the matter involves right to approach road to the land in question of the petitioners. The matter is pending since June, 2024 before the learned Executive Magistrate. It is submitted that the private respondent nos.3 and 5 are deliberately delaying the disposal of the said case.

Learned counsel on behalf of respondent no.4 seeks an adjournment.

Learned counsel on behalf of the State has already filed counter affidavit which is accepted and kept on record.

The matter involves right to pathway for which expeditious remedy has been provided under Bhartiya Nagrik Suraksha Sanhita, 2023. Unfortunately, the matter is pending for more than 1½years.

Without entering into the merit of the case, this Court is of the view that the petitioners are entitled to expeditious disposal of their case which is pending before the learned Executive Magistrate.

Under the circumstance, Case No.M-2257/2024 is directed to be disposed of within two months from the date of this order. Both parties are directed to appear before the learned Court below either in person or through their counsel without any further delay on 20th January, 2026. In the event of non-appearance of any party, the learned Executive Magistrate will proceed as per law and dispose of this matter without any further delay with in two months.

With the above observation, instant writ petition stands disposed of.

Pending Interlocutory Application, if any, is also disposed of.