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Jharkhand High Court
Mr. P.K. Mukhopadhyay vs Mr. Sahbaj Akhtar on 18 February, 2026
Author: Rajesh Shankar
Bench: Rajesh Shankar
(2026: JHHC: 4713-DB)
2025:JHHC:8460-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (PIL) No.6624 of 2023
Jharkhand Pradesh Kisan Mahasabha through its Vice President
Skalen Ekka aged about 60 years, S/o late Mashidas Ekka, R/O
Village & P.O., Bargari, P.S. Mander, District Ranchi
... _________
Versus
1. The State of Jharkhand through Chief Secretary, Govt. of
Jharkhand, Project Bhawan, P.O & P.S. Dhurwa, District Ranchi
2. The Secretary, Welfare Department, Govt. of Jharkhand, Project
Bhawan, P.O & P.S. Dhurwa, District Ranchi
3. The Principal Secretary, Planning-cum-Finance Department, Govt.
of Jharkhand, Project Bhawan, P.O & P.S. Dhurwa, District Ranchi
4. The Principal Secretary to the Chief Minister, Govt. of Jharkhand,
Project Bhawan, P.O & P.S. Dhurwa, District Ranchi
5. Special Secretary to Government, Welfare Department, Govt. of
Jharkhand, Project Bhawan, P.O & P.S. Dhurwa, District Ranchi
6. Tribal Welfare Commissioner, Morhabadi, Ranchi, P.O. Ranchi
University, Ranchi, P.S. Bariatu, District Ranchi
... Respondents
---------
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR -
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For the Petitioner: Mr. P.K. Mukhopadhyay, Advocate
Mr. Vishal Kumar Tiwary, Advocate
Mr. Manjeet Kumar Choudhary, Advocate
For the Respondents: Mr. Sahbaj Akhtar, A.C to A.A.G-III
---------
23/Dated: 18.02.2026
1. This I.A. has been filed by the applicant who claims to be the
President of the petitioner-Mahasabha. This applicant claims that
hereafter he should be allowed to prosecute this petition and not the
Vice President. Such disputes are totally alien to the subject matter of
this petition and therefore, we refuse to be drawn into them. If there
are any internal disputes regarding the management of the affairs of
the Mahasabha, it is open to the parties to file an appropriate
(2026: JHHC: 4713-DB)
2025:JHHC:8460-DB
proceeding before an appropriate forum for resolving such disputes.
Accordingly, this I.A. is dismissed with liberty in the above terms.
2. Heard learned counsel for the parties.
3. By instituting the present Public Interest Litigation, the petitioner
contends that the State Government has formulated several schemes
to uplift tribal and other primitive groups, but these schemes are not
being implemented in a fair and transparent manner. Petition alleges
that the scheme involves not only the allotment of funds, but also the
distribution of tractors, etc., to the beneficiaries. The petition alleges
that the budgetary provision has been made, but there is a delay and
a lack of transparency in the implementation of such schemes.
4. The respondents have filed counter-affidavits denying the
allegations in the petition and submitting that the schemes have been
implemented and are being implemented in a fair and transparent
manner. Respondents also alleged that the statements in the petition
are vague and that the petitioner cannot, based on such vague
averments, insist on a roving inquiry in the matter.
5. This Court has, from time to time, issued several orders in this
matter. Finally, this Court directed the petitioner to provide a list of
eligible beneficiaries who, according to the petitioner, have not
received the benefits under these various schemes formulated by the
State Government.
6. Mr. Skalen Ekka, Vice President of the petitioner-Mahasabha,
has filed a supplementary affidavit on 03.11.2025. In this affidavit, he
(2026: JHHC: 4713-DB)
2025:JHHC:8460-DB
has annexed a list of approximately 4,401 farmers belonging to the
Scheduled Tribe category and has submitted that this is the revised
list of eligible beneficiaries who have not been granted any benefits
under the various schemes.
7. Learned counsel for the respondents submits that an earlier list
had been filed, and that, by way of revision, the present list has now
been filed. He submits that, according to their records, benefits are
being extended to eligible beneficiaries, and this will continue as long
as the schemes remain in force.
8. At this stage, it is not possible for this Court to investigate into
the issues of eligibility of the listed beneficiaries or the issue of
whether these beneficiaries have received the benefits under the
various schemes. This is an exercise which will have to be undertaken
by a Competent Authority, and we are informed that the Tribal Welfare
Commissioner (Respondent No. 6) would be such Competent
Authority.
9. Accordingly, we dispose of this petition by directing the Tribal
Welfare Commissioner, Jharkhand, to take cognizance of the
supplementary affidavit dated 03.11.2025 and the annexures thereto,
which include the list of alleged beneficiaries who have allegedly not
yet received the benefits under the Schemes. The Tribal Welfare
Commissioner must determine whether persons listed are indeed the
eligible/entitled beneficiaries and, further, whether they have indeed
not received the benefits under the various schemes formulated by
the State Government. If the Tribal Welfare Commissioner concludes
(2026: JHHC: 4713-DB)
2025:JHHC:8460-DB
that the listed persons or any of them are indeed entitled to such
benefits, then expeditious steps should be taken to extend such
benefits to the said persons.
10. The above exercise must be completed as expeditiously as
possible and, in any event, within six months from the date of
uploading of this order. As a measure of transparency, the Tribal
Welfare Commissioner should, after six months, inform the petitioner
about the action taken pursuant to the orders of this Court.
11. We clarify that we have not addressed issues of eligibility,
entitlement, extension of benefits, or similar matters, as we believe
these should be investigated by the Tribal Welfare Commissioner in
the first instance. Therefore, all contentions of the parties are
expressly left open for decision by the Tribal Welfare Commissioner in
the first instance.
12. This petition is disposed of in the above terms without any order
for costs. All concerned are to act on an authenticated copy of this
order.
(M. S. Sonak, C.J.)
(Rajesh Shankar, J.)
February 18, 2026
N.A.F.R.
Ranjeet/R.Kr./Cp.2
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