SHAILENDRA KUMAR GUPTA v. STATE OF JHARKHAND

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (Cr.) No. 137 of 2023

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1. Shailendra Kumar Gupta

2. Sushil Kumar Gupta …. …. Petitioners Versus

1. The State of Jharkhand.

2. Superintendent of Police, Hazaribagh.

3. Municipal Commissioner, Hazaribagh Municipal Corporation, Hazaribagh

4. Officer-In Charge, Sadar Police Station, Hazaribagh

5. Ramchandra Prasad …. …. Respondents ----

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR ----

For the Petitioners : Mr. Jai Shankar Tiwary, Adv. Mr. Pratyush Shounikya, Adv.

For the Resp.-State : AC to GP-V

For Resp. No.3 & 5 : Mr. Ranjit Kumar, Adv. ----

08/Dated: 04^thApril, 2024

1. Heard the parties.

2. The present criminal writ petition has been filed for quashing the entire criminal proceeding as well as the F.I.R. in connection with Hazaribagh P.S. Case No.293 of 2022, pending in the court of learned Chief Judicial Magistrate, Hazaribagh.

3. It appears that a Nala has been forcefully constructed upon the land belonging to these petitioners. The description of land is as Plot No.37, Khata No.159, Thana No.141, Mauja Hajari measuring an area of 4 decimals. The said piece of land has been claimed on the basis of registered sale deed no.7866 dated 02.12.1998. The matter has been considered in another writ petition being W.P.(C) No.4171 of 2022 wherein it has been held that petitioners are entitled for compensation as the land in question has been wrongly utilized by the State government without paying compensation.

4. Operative portion of the said order is as follows:-

"12. In the instant case, the entire activity, which has been done by the State, is by way of post facto approval, which should not have been in this case, where the property of the petitioners has been utilized by the State.

13. Now, since the respondents are ready to pay the amount of compensation, which has been assessed, I direct them to pay the amount to the petitioners. It is made clear that if the petitioners have any objection in

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2 W.P.(Cr.) No.137 of 2023 respect of quantum of compensation, they may dispute the same before the appropriate authority, after receiving the assessed amount of compensation.

14. So far as the action of the respondents is concerned i.e. entering into the property of the petitioners and making a drainage system over the same, without following the process of law and without paying compensation, I direct the State to pay a cost of Rs.1,00,000/- (rupees one lac ) to the petitioners within four weeks from today. The said cost will be recovered from the erring officers due to whose fault, without making any acquisition and without taking appropriate recourse of law, the petitioners were ousted from a portion of their property.

15. The Deputy Commissioner, Hazaribagh will conduct an enquiry and identify the Officials on whose fault, the land of the petitioner was used and drain has been constructed without making any acquisition and paying compensation. The entire cost will be equally recovered from the salary of those persons and will be intimated to the Accountant General, State of Jharkhand.

16. Let the entire compensation be paid to the petitioners within twelve weeks from today.

17. Let a copy of this order be communicated to the Accountant General, State of Jharkhand for taking necessary action.

18. Further appearance of the Deputy Commissioner, Hazaribagh as well as other officers is dispensed with for the present.

19. Accordingly, this petition, stands disposed of."

5. Thus the fact is clear that the land belongs to the petitioners and they have resisted the construction over the same.

6. Considering the above fact it is ample clear that it is nothing but a malicious prosecution.

7. In view of above fact, the entire criminal proceeding including the F.I.R. in connection with Hazaribagh P.S. Case No.293 of 2022, pending in the court of learned Chief Judicial Magistrate, Hazaribagh is hereby quashed and set aside.

8. Accordingly, the writ petition stands disposed of. (Rajesh Kumar, J.)

Shahid/-

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