Citation : 2025 Latest Caselaw 4455 Jhar
Judgement Date : 26 August, 2025
2025:JHHC:25273-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 4290 of 2021
Shiv Shankar Sharma, aged about 43 years, S/o- Sri Gautam Sharma, R/o-
Village- Tikra Toli, Nagari, Piska, P.O. & P.S.- Nagari, District- Ranchi,
Jharkhand ... ... ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Chief Secretary, Government of Jharkhand, Project P.S.-Dhurwa,
District-Ranchi, Building, P.O. Jharkhand.
3. The Director General Income Tax, Investigation, Government of
Jharkhand, Central Revenue Building, 5A, Main Road, Ranchi, P.O.-
G.P.O, P.S.-Daily Market, District-Ranchi, Jharkhand.
4. The Central Bureau of Investigation, Plot No. 5/B, CGO Complex, Lodhi
Road, Jawaharlal Nehru Stadium Marg, P.O. & P.S.-Lodhi Road, New
Delhi, Delhi 1100033.
5. The Enforcement Directorate, Delhi, 6th floor, Lok Nayak Bhawan, P.O.
& P.S.-Khan Market, New Delhi, 110003.
6. Sri Hemant Soren, S/o-Sibu Soren, R/o-Kanke, Ranchi, P.O.-Ranchi
University, P.S.-Gonda, District-Ranchi, Jharkhand.
7. Sri Basant Soren, S/o-Sibu Soren, R/o-House No. 3030, Bokaro Steel
City, Sector-5A, P.O. & P.S.-Sector-6, District-Bokaro, Jharkhand.
8. Sri Ravi Kejriwal, S/o-Not Known, R/o-A/2 Sector-1 Market, Ram Mandir,
Bokaro, P.O. & P.S.-Sector-1, District-Bokaro, Jharkhand.
9. Registrar of Companies-cum-Official Liquidator, Ministry of Corporate
Affairs, Mangal Tower, 4th Floor, Old Hazaribagh Road, Near Kanta Toli
Chowk, Ranchi- 834001.
... Respondents
WITH
W.P. (PIL) No. 727 of 2022
Shiv Shankar Sharma, aged about 43 years, S/o- Sri Gautam Sharma, R/o-
Village- Tikra Toli, Nagari, Piska, P.O. & P.S.- Nagari, District- Ranchi,
Jharkhand ... ... ... ... Petitioner
Versus
1. The State of through the Chief Secretary, Government of Jharkhand,
Project Building, P.O. & P.S.-Dhurwa, District-Ranchi, Jharkhand.
2. The Home Secretary, Government of Jharkhand, Project Building, P.O.
& P.S.-Dhurwa, District-Ranchi, Jharkhand.
3. The Secretary, Department of Mines, Geology Jharkhand, Nepal House,
P.O. & P.S.-Doranda, District-Ranchi, Jharkhand.
4. The District Mining Officer, Ranchi, Nepal House, P.O. & P.S.-Doranda,
District-Ranchi, Jharkhand.
5. The Director, Central Bureau of Investigation, Plot No. 5B, 10th Floor, B
Wing, CGO Complex, Lodhi Road, New Delhi, P.O. & P.S.-Lodhi Road,
District-New Delhi-110003.
Page 1 of 3
2025:JHHC:25273-DB
6. The Director, Enforcement Directorate, 6th Floor, Lok Nayak Bhawan,
Khan Market, New Delhi, P.O. & P.S.-Khan Market, District-New Delhi-
110003.
7. Hemant Soren, The Minister, The Department of Mines, Government of
Jharkhand, Kanke Road, P.O.-Ranchi University, P.S.-Gonda, District-
Ranchi, Jharkhand.
8. Puja Singhal, Secretary, Department of Mines, Government of
Jharkhand, Near Raj Bhawan, P.O.-Ranchi College, P.S.-Gonda,
District-Ranchi, Jharkhand.
9. The Principal Secretary to Hon'ble Governor, Raj Bhawan, Ranchi, P.O.-
Ranchi College, P.S.-Gonda, District-Ranchi, Jharkhand.
... Respondents
---------
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
---------
For the Petitioner: Mr. Rajeev Kumar, Advocate
Ms. Niteshwari Kumari, Advocate
For the State: Mr. Piyush Chitresh, A.C. to A.G.
For the CBI: Mr. Prashant Pallav, Advocate
Ms. Shivani Jaluka, Advocate
Mr. Deepak Kumar Bharti, Advocate
For the ED: Mr. Amit Kumar Das, Advocate
Mr. Shivam Utkarsh Sahay, Advocate
Mr. Siddharth Jain, Advocate
For the Income Tax: Mr. Kumar Vaibhav, Sr. S.C.
Mr. Anurag Vijay, Jr. S.C.
Ms. Saudamini Gupta, Advocate
Mr. Durgesh Agarwal, Advocate
For the Resp. 6&7: Mr. Amritansh Vats, Advocate
Mr. Amartya Choubey, Advocate
(In WP (PIL) 4290/2021)
For the intervener: Mr. Jai Mohan Mishra, Advocate
(In WP (PIL) 4290/2021
---------
18/Dated: 26.08.2025
Tarlok Singh Chauhan, C.J.(Oral)
1. Both these writ petitions have been rendered infructuous in view of
the judgment passed by the Hon'ble Supreme Court in State of Jharkhand
vs. Shiv Shankar Sharma and Others, (2022) 19 SCC 626.
2. The aforesaid judgment was delivered by the Hon'ble Supreme Court
in a matter arising out of the interim order passed by this Court on 3rd of
June 2022 upholding the locus standi of the petitioner to file and maintain
these writ petitions as the Public Interest Litigations. However, the said
2025:JHHC:25273-DB
findings have been reversed by the Hon'ble Supreme Court by observing at
para 39 and 40 as under:
"39. If the petitioner has a genuine reason to pursue the matter,
he has his remedies available under the Companies Act or under
other provisions of the law where he can apprise the relevant
authorities of the misdeeds of the Directors or Promotors of the
companies. But on generalised averments which are nothing but
mere allegations at this stage, the Court cannot become a forum to
investigate the alleged acts of misdeeds against high constitutional
authorities. It was not proper for the High Court to entertain a PIL
which is based on mere allegations and half baked truth that too at
the hands of a person who has not been able to fully satisfy his
credentials and has come to the Court with unclean hands.
40. Consequently, we allow the present appeals and set aside the
order of 3-6-2022 passed by the Jharkhand High Court in WP No.
(PIL) 4290 of 2021 and WP No. (PIL) 727 of 2022."
3. Since the petitioner does not have the locus standi to file these writ
petitions as observed by the Hon'ble Supreme Court, obviously, the present
writ petitions are not maintainable and dismissed accordingly.
4. All pending Interlocutory Applications shall stand closed.
(Tarlok Singh Chauhan, C.J.)
(Rajesh Shankar, J.) N.A.F.R. Manoj/Pramanik/Cp.2
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