Jharkhand High Court
The Federation Of Jharkhand Chamber Of ... vs The State Of Jharkhand & Ors on 20 August, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL). No. 5675 of 2018
The Federation of Jharkhand Chamber of Commerce and Industries,
through its Secretary General - Kunal Ajmani
... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. M.S. Mittal, Sr. Advocate
Mr. Salona Mittal, Advocate
Ms. Amrita Singh, Advocate
Mrs. Lavanya Gadodia Mittal, Advocate
Mr. Yashdeep Kanhai, Advocate
Mr. Arya Vardhan Singh, Advocate
For the Resp. Nos.1 to 3 : Mr. Mrinal Kanti Roy, GA-I
For the Resp. Nos. 4 & 5 : Mr. Sumeet Gadodia, Advocate
For the Resp. No. 6 : Dr. Ashok Kumar Singh, Advocate
For the Resp. No. 7 : Mrs. Richa Sanchita, Advocate
Ms. Suman Roy, Advocate
Order No. 08 Dated: 20.08.2025
The instant Public Interest Litigation has been filed for
the following reliefs:
a. For issuance of writ of mandamus upon the
respondents directing them not to interfere
with the business activities of the concerned
occupiers of the shops and godowns situated
at Terminal Market Yard, Pandra, Ranchi by
taking possession of their said shops and/or
godowns for the purpose of keeping the
Electronic Voting Machines (E.V.M.) and/or for
setting-up counting center of elections or for
any other election activities of local, state or
central elections as the said actions of the
respondents violate the fundamental rights of
the concerned persons to carry out their
business or profession and also causes severe
prejudice and loss to the concerned persons
and also the public at large since the entire
market, which caters to the daily needs of
many households, gets adversely affected;
b. For the issuance of an appropriate writ or a
writ in the nature of mandamus directing the
respondents to use or take possession of a
property, other than the Terminal Market Yard,
Pandra, Ranchi, by following the due process
of law for the purpose of storing electronic
voting machines or setting-up counting centers
or for any other allied election activities for
local, state or central elections;
c. For the issuance of an appropriate writ or a
writ in the nature of mandamus directing the
respondents to make/establish in a specified
time period of its own permanent
infrastructure for the purpose of storing
electronic voting machines or setting-up
counting centers or for any other allied
election activities for local, state or central
elections as was already directed by this
Hon'ble Court in its judgment dated
16.01.2017 passed in W.P.(PIL) No. 2944 of
2013.
2. At the outset, it needs to be noticed that this is not the
first occasion that the issue as raised in the present writ petition
has come up before this Court. Earlier to this, a similar issue was
the subject-matter of W.P.(PIL) No. 2944 of 2013, which was finally
disposed of by a learned Division Bench of this Court vide order
dated 16.01.2017 with the following observations:
"2. In view of these submissions, this Court is not
inclined to further monitor this case. Nonetheless, it is
expected from the State of Jharkhand that:
(i) necessary land should be allocated for the
purpose of which the aforesaid premises were kept
continuously by the State for much longer time i.e. to
keep the ballot papers etc.
(ii) after getting the land some construction
should also be carried out permanently so that such type
of business premises may not be occupied by the State
and a permanent solution will be there with the State
Government because different types of elections are
coming periodically.
(iii) it is not desirable to take the business
premises of the persons in the State of Jharkhand for
keeping ballot papers etc. for the election purposes. After
bifurcation of the State from November, 2000 in a phase
wise manner also if the work would have been started by
the State for keeping the ballot papers separately in the
premises of the State, this Court have been achieved by
now i.e. after approximately 16 years."
3. Thereafter, identical issue came up for consideration
before one of us (Sri Rajesh Shankar, Judge) in a Single Bench
being W.P.(C) No. 6137 of 2018 and strong exception was taken to
the inaction of the respondents to implement the directions passed
by this Court in W.P.(PIL) No. 2944 of 2013 and it was observed
that "It is unfortunate that despite the observations of the learned
Division Bench made in W.P.(PIL) No. 2944 of 2013, the respondent
authorities have once again resorted to the same old practice of
occupying the running business premises of the businessmen of
Terminal Market Yard, Pandra.
4. Here, it shall also be appropriate to note the stand of the
State that the State Government had earmarked the land and the
required procedures have been followed for the purpose and the
State of Jharkhand shall have its own premises for the election
purposes soon. This stand has been reiterated before this Court in
paragraph-13 of the counter affidavit filed on behalf of the
respondent nos. 2 and 6 in the instant writ petition, which reads as
under:
"13. That it is humbly stated and submitted that despite
these reports, efforts are being made by the District
Administration for an alternative permanent structure for
such purpose. Land has been marked and map has been
prepared for the separate permanent structure."
5. This petition was lastly listed six years back on 07.05.2019,
therefore, we direct the State to file a status report within four
weeks to the following effect:
i. The land which has been allocated for the
purpose of keeping the ballot papers, strong-
room etc;
ii. The stage of construction or the date of
completion, as the case may be; and
iii. The details of the premises that were taken
by the State during the last election for the
purpose of counting, in addition to the storage
of ballot papers and E.V.M machines.
6. List this case on 19.09.2025.
(Tarlok Singh Chauhan, C.J.)
(Rajesh Shankar, J.)
Manish/Ritesh
