Citation : 2026 Latest Caselaw 2545 Jhar
Judgement Date : 1 April, 2026
2026:JHHC:9176
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No.2008 of 2026
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Falendra Sahu, aged about 58 years, son of Kamal Sahu, resident of Near Shiv
Mandir, Argora Chowk, P.O.- Doranda, P.S.- Argora, District- Ranchi,
Jharkhand. .... Petitioner(s).
Versus
1. The State of Jharkhand
2. The Sub- Registrar, Ranchi, P.O. G.P.O., Ranchi, P.S.-Kotwali, Dist.-
Ranchi, Jharkhand.
3. Ranchi Municipal Corporation, Ranchi, through Municipal Commissioner,
having its office at Near Kutchery Road, P.O.- G.P.O., Ranchi, P.S.- Kotwali,
Dist.- Ranchi, Jharkhand.
4. Samridhi Infrastructures through its Partner Anand Kumar, aged about 47
years, son of late Indra Nath Das, resident of 27, New A.G. Co-operative
Colony, Kadru, P.O. & P.S.- Argora, District- Ranchi, Jharkhand.
5. Samridhi Infrastructures through its Partner Sri Pranab Kumar Singhdeo,
aged about 48 years, son of Bidya Binod Singhdeo, resident of House No. 77,
Circular Road, East Jail Chowk, Lalpur, P.O. & P.S.- Lalpur, Dist.- Ranchi,
Jharkhand.
6. Kamal Sahu, aged about 97 years, son of late Indra Narayan Sahu, resident
of Near Shiv Mandir, Argora Chowk, P.O.-Doranda, P.S.- Argora, District-
Ranchi, Jharkhand. ... Respondents.
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Karan Kaushik, Advocate
For the State : Ms. Rishi Bharti, AC to AAG-III
For the RMC : Mr. Prashant Kumar Singh, Advocate
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02/ 01.04.2026: Heard the learned counsel for the petitioner and the learned
counsel for the respondents.
2. By filing this writ petition, the petitioner prays for following relief:
"i. For issuance of an appropriate writ(s)/order(s)/direction(s) particularly writ in the nature of Mandamus commanding upon the respondent specifically the respondent no. 2 and to send to this Hon'ble Court all records appertaining to registered development agreement dated 12.03.2022 bearing registered document no. 2022/RAN/1940/BK1/1716 and 2022/RAN/1940/BK1/1717 registered at the Office of Sub-Registrar, SRO Ranchi and ii. Thereafter, a humble prayer is being made before this Hon'ble Court to direct the respondents to take appropriate steps for the redressal of the grievances as raised by the petitioner before the Sub- Registrar Ranchi restraining Respondent No. 2 from registering any document or instrument relating to the said property, including any document pursuant to the Development Agreement.
iii. Further a humble prayer is being made before this Hon'ble Court to direct the respondent specifically the respondent no. 3 not to allocate any fresh holding number to the purchasers of the property. iv. Further a humble prayer is being made before this Hon'ble Court to direct the respondents to restore the property of the petitioner which has been taken over by the builder vide a development agreement which has never been executed and registered by the petitioner.
v. Further prayer is being made before this Hon'ble Court to direct the respondent no. 2 to dispose of the representation dated 29.10.2025 in accordance with law by passing an appropriate order."
3. It is the grievance of the petitioner that he is a bona fide coparcener and co-sharer in respect of the ancestral landed property situated at Khata No.34, Plot Nos.1499, 1500, 1507, 1528, 1529, area on share 62.33 decimals, Mauza Argora, P.S. Argora, District Ranchi, which belongs to the great-grandfather of the petitioner, namely, Ramcharan Sahu. It is stated that after death of great grandfather of the petitioner, he along with other legal heirs have come into the possession of the said land and is paying rents to the government, for which, rent receipts are being issued in the name of the father of the petitioner. It is further stated that the land has been handed over to the respondent Nos.4 and 5 (builder through two registered development agreement between the builder and the father of the petitioner along with other legal heirs of the recorded raiyat for construction of apartments having deed Nos.2022/RAN/1940/BK1/1716 and 2022/RAN/1940/BK1/1717. The younger brother and father of the petitioner now wants to capture all the flats by showing the development agreement which has been executed by and between the respondent Nos.4, 5 and 6 as well as other co-sharers of the land, stating that the petitioner does not have any right, title, interest over the said property.
4. From the pleadings, it is quite clear that there is absolute private dispute between this petitioner and the respondent No.2, which has been brought before this Court by filing this writ application under Article 226 of the Constitution of India.
5. This nature of disputes cannot be decided in exercise of jurisdiction under Article 226 of the Constitution of India as the same is absolute a private dispute arising out of share in property and development agreement.
Admittedly, there are other alternative remedies available for the petitioner. Thus, I am not inclined to entertain this writ application.
6. Accordingly, this writ petitioner is dismissed with liberty to the petitioner to approach before the appropriate authority.
(ANANDA SEN, J.) 1st April, 2026 Madhav/-
Uploaded on:02/04/2026
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