[Cites 1, Cited by 0]
Jharkhand High Court
Kishori Marik vs The State Of Jharkhand on 6 April, 2026
Author: Ananda Sen
Bench: Ananda Sen
2026:JHHC:9574
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.2069 of 2018
------
1. Kishori Marik, son of Ishwar Marik.
2. Amrit Marik, son of Dhaneshwar Marik.
3. Dwarika Marik, son of Late Basudeo Marik.
All are resident of Village Pathakhir, P.O. Dandidih, P.S.
Giridih, District Giridih, Jharkhand.
... ... Petitioners
Versus
1. The State of Jharkhand.
2. The Chief Secretary, Government of Jharkhand, Ranchi, Project
Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.
3. The Principal Secretary, Department of Revenue and Land
Reforms, Government of Jharkhand, Ranchi, Project Building,
Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.
4. The Principal Secretary, Department of Agriculture, Animal
Husbandry and Co-operative, Government of Jharkhand, Ranchi,
Nepal House, Doranda, P.O. + P.S. Doranda, District Ranchi,
Jharkhand.
5. The Principal Secretary, Department of Building Construction,
Nepal House, Doranda, P.O. + P.S. Doranda, District Ranchi,
Jharkhand.
6. The Chief Engineer, Department of Building Construction, Nepal
House, Doranda, P.O. + P.S. Doranda, District Ranchi,
Jharkhand.
7. The Deputy Commissioner, Giridih, P.O. + P.S. Giridih, District
Giridih, Jharkhand.
8. The Sub-Divisional Officer, Giridih, P.O. + P.S. Giridih, District
Giridih, Jharkhand.
9. The Circle Officer, Giridih, P.O. + P.S. Giridih, District Giridih,
Jharkhand.
... ... Respondents
------
CORAM : SRI ANANDA SEN, J.
------
For the Petitioner(s) : Mr. Tejo Mistry, Advocate
For the Respondent(s): Mr. Ashok Kumar Yadav, Sr. SC-I
Mr. Ranjan Kumar, AC to Sr. SC-I
------
14/ 06.04.2026
By filing this writ petition, the petitioners have prayed for
the following reliefs :-
"for issuance of an appropriate writ/writs,
order/orders, direction/directions or a writ in the
nature of Mandamus commanding and directing
2026:JHHC:9574
the respondents to dispossess/vacant the land of
the petitioners from the unauthorized and
unscrupulous persons who have illegally and
forcefully captured the land of the petitioners for
the purpose of construction of Cold-storage as the
same is a Raiyati land and registered in the name
of Polo Marik, the ancestor of the petitioners,
situated under Mouza-Mangrodih, Tola-Pathakhir,
Khata No.96, Plot No.2717, Thana No.233, area
51 acres under District Giridih, without any prior
notice or compensation made to the petitioners.
AND
The petitioners further pray before this Hon'ble
Court to stay any construction over the land-in-
question whereupon inauguration programme
has already been done for construction of Cold
Storage, till final hearing of this writ application."
2. Heard learned counsel representing the petitioners and
learned counsel representing the respondents.
3. Learned counsel representing the petitioners submits that
the land belongs to the ancestors of these petitioners but the
respondents have forcefully dispossessed the petitioners and the
State has put a foundation stone for construction of a Cold Storage.
He lastly submits that the construction is still continuing.
4. Learned counsel representing the respondent-State
submits that there is a serious dispute in respect of title of the
petitioners as the petitioners failed to establish their title. He while
referring to para-9 of the counter affidavit submits that the land was
initially leased to the ancestors of these petitioners but the said lease
came to an end sometime in the year 1911. Para-9 of the counter
affidavit, is as follows:-
2026:JHHC:9574
"9. That in reply to paragraph 05 of the instant
writ application it is humbly stated and
submitted that the averments made here is
denied by the answering respondent.
At the very out-set it is pertinent here
to state and submit that the land of Village
Mangrodih, Tola Pathakhir, Khata no.96, Plot
no. 2717 area 51 acres were recorded in last
cadastral survey conducted in the year 1908
to 1911 as Gairmazurua Khas Parti Kadim as
none was found in possession of the land as
lease-holder or Bataidar as claimed by the
petitioner. The claim of the petitioner on the
basis of Annexure-I lease deed dated
09.03.1886 for the period of Fasli Sal 1304 to
F.S. 1308 i.e. for five years only. Likewise
Annexure 1/1 Lease deed dated 01.06.1903
for the period Fasli Sal 1311 to 1319 for nine
years. Iti s crystal clear that the cadastral
survey period 1908 to 1911 fell during F.S.
1311 to F.S. 1319 but strange enough the
name of ancestors of the petitioners did not
find place in cadastral survey as lease-holders.
Prior to cadastral survey there was no Khata
number and Plot number and the land was
being identified by the boundary. From perusal
of both Annexure-1 and 1/1 it is apparent that
boundary is mentioned therein as East-Soti
(Nala) West- Rasta, North- sarhad and South-
Usri River. It is strange enough that Usri River
is more than half kilometer away from the
boundary of Plot no.2717. The respondents
are filing the xerox copy of cadastral Map for
kind perusal and consideration.
Photocopy of cadastral map is
annexed herewith and marked as
Annexure-A to this counter
affidavit.
2026:JHHC:9574
It is also humbly submitted that
admittedly the basis of claim vide Annexure 1
and 1/1 expired during the year 1912 then
how on what basis after vesting of zamindari
in the State of Bihar the names of Polo Marik
and others were entered in Register-II. The
petitioners are silent on this aspect. It is
denied that Register-II is legally valid as
khatian. No return submitted by the ex-
landlord has been annexed by petitioners."
5. Thus, from the rival submission of the parties, I find that
there is a serious dispute in respect of right, title and interest of the
land, involved in this matter, which cannot be decided in an
application under Article 226 of the Constitution of India.
5.1. If the petitioners claim right and title over the property in
question including recovery of possession, it will be open to the
petitioners to approach the appropriate Civil Court by filing a suit.
6. With the aforesaid observations, this writ petition stands
disposed of.
(ANANDA SEN, J.)
06th April, 2026
Prashant. Cp-2
Uploaded on 08.04.2026
