High CourtsSingle Bench(2025) 04 JH CK 1349

Tarcilla Minz @ Tarcilla Khalkho vs State Of Jharkhand

Jharkhand High Court · Decided on 17 April 2025

HON’BLE JUDGES
Gautam Kumar Choudhary, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No.825 Of 2025

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Judgment

5 paragraphs · 174 words

Gautam Kumar Choudhary, J

1.

This writ petition has been filed for direction upon respondent nos. 3 and 4 to evict illegal encroachment made by respondent no.8 from the land on which the petitioner claims to have title and possession.

2.

It is submitted by learned counsel that earlier the petitioner had moved the Sub Divisional Officer, in Misc. Case No.03 of 2004 in which the proceeding under Section 144 of the Cr.P.C. was drawn and both sides were restrained from entering over the disputed portion of plot vide order dated 27.01.2024. Further, vide order dated 27.02.2024, the order under Section 144 of the Cr.P.C. was made absolute against the second party while vacating the order against petitioner.

3.

Order passed by Sub Divisional Officer has become infructuous as more than sixty days have elapsed. If the petitioner is aggrieved by the encroachment made by respondent no.8, she has sufficient efficacious remedy, both under civil and criminal law.

Writ petition is not maintainable, which is accordingly, dismissed. Interlocutory Application, if any, is disposed of.