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Jharkhand High Court

Jharia Firebricks Pvt. Ltd. Through One ... vs The State Of Jharkhand on 19 February, 2026

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr.M.P. (DB) No. 3164 of 2018
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Jharia Firebricks Pvt. Ltd. through one of its Director, Ajay Agarwalla, Aged about 56 years, S/o Late Rajendra Pd. Agarwalla, Resident of Ashok Nagar, Dhanbad, P.S. & P.O. Dhansar, District Dhanbad.

... Petitioner Versus

1. The State of Jharkhand

2. Pappu Singh, S/o Shiv Pujan Singh, R/o Jharia Firebricks (B.M. Agarwalla Colony) Quarter No. A/7 and A/17, P.O. & P.S. Dhansar, District Dhanbad.

3. Inspector General (IG) of Prisons for Jharkhand, Jail Inspectorate TA Division Building, P.O. & P.S. Dhurwa, Ranchi, Jharkhand,- 834004.

... Respondents

CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI

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For the Petitioner : Mr. Lukesh Kumar, Advocate For the State : Mr. Achinto Sen, APP For the OP No. 2 : Mr. Vikram Sinha, Advocate

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09/Dated: 19 February, 2026 th

1. It is a case where we have passed orders on the issue that the

quarter in question, which is in occupation of opposite party No. 2, is

still in occupation and the same has been pointed out by the learned

counsel for the petitioner in the order dated 08.01.2026 and as such,

the present application has been filed for recall of the order dated

21.06.2018, wherein it was recorded that the quarter has already

been vacated.

2. This Court has proceeded and has thought it proper to have a report

to pass further necessary order and as such, has called for a report

from the Deputy Commissioner, Dhanbad by conducting an inquiry

regarding the title over the land in question of the opposite party no.

2 in the said quarters. For ready reference, the order dated

08.01.2026 is being quoted herein:

"1. The present petition has been filed for recall of the order dated 21.06.2018.

2. The reason for filing the instant petition is that whatever has been stated in the affidavit filed, based upon that, the Co- ordinate Bench has passed the order on 21.06.2018 (Annexure-

1) was not correct, rather a wrong statement has been given by stating in the said affidavit that the quarter/house in question which was in possession of the opposite party no.2 had already been vacated. But according to the case of the petitioner, the opposite party no.2 is still in possession of the said quarter/house. The present petition, therefore, has been filed to recall the order dated 21.06.2018.

3. Mr. Amit Kumar, learned counsel who is representing the opposite party no.2 is still submitting that he has already vacated the said house/quarter, however, he subsequently has stated that he has constructed a house over the land falling in the area of the Jharia Firebricks Pvt. Ltd. He has also submitted that the house is in the premises of the B.M. Agarwalla Colony having nothing to do with the Jharia Firebricks Pvt. Ltd. and for the purpose of getting their dispute resolved a suit has been filed by the Jharia Firebricks Pvt. Ltd. against the proprietor of the B.M. Agarwalla Colony.

4. Be that as it may, the question herein is that even if there is a dispute in between the Jharia Firebricks Pvt. Ltd., the petitioner and the proprietor of the B.M. Agarwalla Colony, that does not confer any right upon the opposite party no.2 who had the house in his possession without any title.

5. This Court when has posed a pin-pointed question to the learned counsel for the opposite party no.2 that as to whether the opposite party no.2 is having any title over the land in question where the house is situated, he has submitted that he is having no instruction.

6. This Court, in view of the above, is of the view that a report is required to be called for from the Deputy Commissioner, Dhanbad by conducting an enquiry regarding the factual aspect particularly the fact about the title of the present petitioner over the land where the house is situated. The said enquiry is necessary to be called for passing further necessary order.

7. Let this order be communicated through the learned State Counsel to the Deputy Commissioner, Dhanbad forthwith.

8. Let the enquiry report be reached to this Court on or before the next date of hearing.

9. List this case on 29th January, 2026."

3. The matter was listed on 29.01.2026 and on that date a report

containing the Inquiry Rep

4. ort of the Deputy Commissioner, Dhanbad has been placed and the

same clarified that the opposite party No. 2 is in occupation of house

in B.M. Agarwalla Colony in quarter Nos. A/7 and A/17 situated in

Plot No. 203, Khata No. 30, Plot No. 204, Khata No. 1.

5. Learned counsel for the opposite party no. 2, admitting the fact that

the wrong statement has been given in the affidavit, based upon that,

earlier round of litigation was disposed of, has undertaken before this

Court to vacate the quarter within two weeks.

6. This Court, considering the aforesaid statement of the learned

counsel, as an attorney of opposite party No. 2, based upon the

power executed by the opposite party in favour of Mr. Amit Kumar,

has adjourned the matter for two weeks on the aforesaid undertaking

so that the report will be filed for vacation of quarters.

7. This Court, on the ground that admittedly the said quarters do not

belong to the concerned opposite party, as per report submitted by

the Deputy Commissioner, has passed further order on 29.01.2026,

making it clear that, if the aforesaid quarters will not be vacated, this

Court will direct to take all coercive measures for vacation of the

aforesaid quarters. For ready reference the order dated 29.01.2026 is

referred herein:

"1. Copy of the report has been produced by the learned counsel for the State which is based upon the inquiry as directed by this Court vide order dated 08.01.2026.

2. A copy of the said report has also been handed over to the learned counsel for the opp. party no.2.

3. Learned counsel for the opp. party no.2 who has been found to be in occupation of the house situated in B.M. Agarwalla Colony being Qtr. No.A/7 and A/17 situated in Plot No. 203, Khata No. 30, Plot No. 204, Khata No.1, has stated that the concerned opp. party will vacate the said quarter(s) within two weeks.

4. Recording the aforesaid undertaking of vacation of the quarter(s) within two weeks, the matter is being posted on 19.02.2026 so that the report be filed of vacation of the quarter(s).

5. It is made clear that if the quarter(s) will not be vacated within the aforesaid period, then, the Court will direct to take all coercive measures for vacation of the said quarter(s) on the ground that admittedly the said quarter(s) does not to the opp. party concerned and is illegally occupying the same as would be evident from the report which has also been admitted by the concerned opp. party, i.e., opposite party no.2."

8. Today, when the matter has been taken up, Mr. Vikram Sinha, learned

counsel, has submitted that now he has been engaged on the strength

of fresh Vakalatnama after getting NOC from the earlier learned

counsel Mr. Amit Kumar.

9. Mr. Vikram Sinha, learned counsel who has filed fresh vakalatnama,

submitted that the quarters have not been vacated.

10. This Court, in view of the aforesaid and further considering the fact

that there is no application said to be filed either for modification or

the recall of the order dated 29.01.2026, and straightaway the

submission has been made that the quarters have not been vacated,

and since we have already passed an order on 29.01.2026; making it

clear that if the quarters will not be vacated within the period of 2