[Cites 2, Cited by 0]
Jharkhand High Court
Vimal Hansda vs The State Of Jharkhand Through The ... on 29 January, 2026
Author: Rajesh Kumar
Bench: Rajesh Kumar
2026:JHHC:2250
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.493 of 2026
....
1. Vimal Hansda, Aged about 49 years, S/O Late Shibu Hansda, Resident of H
No.17, Village-Chhota Manikpur, P.O.+P.S.-Jasidih, District-Deoghar
(Jharkhand) 814142
2. Sukhu Hansda, Aged about 38 years, S/O Late Dhena Hansda, Resident of
Babudih Tola, Village-Chhota Manikpur, P.O.+P.S.-Jasidih, District-Deoghar
(Jharkhand) 814142
3. Babua Hembram, Aged about 67 years, S/O Late Tere Hembram, Resident of
Village-Chhota Manikpur, P.O.+P.S.-Jasidih, District-Deoghar (Jharkhand)
814142
4. Nilmani Soren, Aged about 55 years, S/O Late Shikar Murmu, Resident of H.
No.25, Village Chhota Manikpur, P.O.+P.S.-Jasidih, District-Deoghar
(Jharkhand) 814142
5. Ramlal Hembram, Aged about 64 years, S/O Late Karu Hembram, Resident
of Village- Chhota Manikpur, P.O.+P.S.-Jasidih, District-Deoghar
(Jharkhand) 814142
6. Gopal Hembram, Aged about 70 years, S/O Late Bhoto Hembram, Resident
of H. No.18, Village Chhota Manikpur, Panchayat-Konkaribank, P.O.+P.S.-
Jasidih, District-Deoghar (Jharkhand) 814142
7. Sikandar Tudu, Aged about 28 years, S/O Shibu Tudu, Resident of Village-
Chhota Manikpur, Panchayat-Kokaribank, P.O.+P.S.-Jasidih, District-
Deoghar (Jharkhand) 814142
8. Chunu Hembram, Aged about 53 years, S/O Late Manjhlu Hembram,
Resident of Village-Chhota Manikpur, P.O.+P.S.-Jasidih, District-Deoghar
(Jharkhand) 814142
9. Arun Hansda, Aged about 39 years, S/O Late Puran Hansda, Resident of
Village-Chhota Manikpur, P.O.+P.S.-Jasidih, District-Deoghar (Jharkhand)
814142
10. Munshi Marandi, Aged about 46 years, S/O Late Mangara Marandi, Resident
of Village Chhota Manikpur, P.O.+P.S.-Jasidih, District-Deoghar
(Jharkhand) 814142
11. Manju Marandi, Aged about 51 years, Wife of Late Visulal Hembram,
Resident of Village-Chhota Manikpur, P.O.+P.S.-Jasidih, District-Deoghar
(Jharkhand) 814142 .... Petitioners
Versus
1. The State of Jharkhand through the Principal Secretary, Department of
Revenue, Registration and Land Reforms, Government of Jharkhand, Project
Building, P.O.+P.S.-Dhurwa, District-Ranchi (Jharkhand) 834004
2. The Secretary, Department of Industries, Government of Jharkhand, Nepal
House, Ranchi, P.O.+P.S.-Doranda, District-Ranchi (Jharkhand) 834002
3. The Chief Executive Officer, the Jharkhand Industrial Area Development
Authority, Ranchi, Namkum, P.O. Namkum, P.S. Namkum, District-Ranchi-
834004
4. The Secretary, the Jharkhand Industrial Area Development Authority, Ranchi,
Namkum, P.O. Namkum, P.S. Namkum, District-Ranchi-834004
5. The Commissioner, Santhal Pargana, Dumka, P.O.+P.S.+District-Dumka
(Jharkhand) 814101
6. The Deputy Commissioner, Deoghar, P.O.+P.S.+District-Deoghar (Jharkhand)
814112
7. The District Land Acquisition Officer, Deoghar, P.O.+P.S.+District-Deoghar
(Jharkhand) 814112
2026:JHHC:2250
8. The Chairman & Managing Director, Fertiliser Corporation of India, A-14, 5th
Floor, PDIL Bhawan, Sector 1, NOIDA, P.O. Sector-1, Noida, P.S. Sector-20
Police Station, District-Gautam Budh Nagar (Uttar Pradesh)-201301
9. The Government of Bihar through the Secretary, Department of Revenue and
Land Reforms, Government of Bihar, Old Secretariat, Bailey Road, Patna
(Bihar) 800015, P.O. GPO, Patna, P.S. Secretariat P.S.
10. The Commissioner, Bhagalpur, P.O.+P.S.+District-Bhagalpur (Bihar) 812001
.... Respondents
....
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioners : Mr. Anil Kumar Singh, Adv.
: Mr. Ram Badan Choubey, Adv.
For the Resp.-State : Mr. Ashutosh Anand, AAG-III
For the JIADA : Mr. C.A.Bardhan, Adv.
For the Resp. No.8 : Mr. Jyoti Prasad Sinha, Adv.
....
02/29.01.2026
1. Heard the parties.
2. The present writ petition has been filed for the following reliefs:-
"i. To direct the Respondent authorities, particularly Respondent Nos. 2
and 4, to immediately exercise their power under Section 48 of the Land
Acquisition Act, 1894, and state guidelines to instantly withdraw the land
acquisition proceedings concerning the ancestral agricultural land (Village
Chhota Manikpur under the Deoghar District), given that physical
possession has not been taken.
ii. To declare that the acquisition proceedings, which were initiated in
1974 with respect to ancestral agricultural land of the petitioners, have
lapsed, in the light of the spirit and specific principles embodied in the
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013), in the
given set of facts that the continued retention of physical possession by the
petitioners, coupled with the passage of significant time since the original
award, underscores the appropriateness of such a declaration under the
current legal framework.
iii. To direct the Respondents to ensure complete protection of the land
rights of the Petitioners and other affected Tribal/Moolwasi families in strict
accordance with the Santhal Pargana Tenancy Act, 1949 (SPT Act).
iv. To direct the Respondents to pay compensation for all losses and
reasonably incurred costs to the Petitioners resulting from the prior
acquisition proceedings, in the event the acquisition is formally withdrawn.
2026:JHHC:2250
v. To issue any other suitable direction deemed necessary in the
interests of justice, equity, and the protection of tribals and marginalised
communities in the interest of justice."
3. Referring to the judgment dated 15.04.2011 passed by the Hon'ble
Apex Court in Civil Appeal No.3261 of 2011, it has been submitted by the
learned counsel for the petitioners that at least without counter, the writ should
not be disposed of.
4. It is an admitted position that the cause of action is of the year 1974
and had already culminated in the year 1974 itself. For the same cause of action,
this writ petition has been filed in the year 2025.
5. In that view of the matter, this Court finds no reason to entertain the
present writ petition on the ground of delay and latches itself.
6. Accordingly, the present writ petition stands dismissed.
(Rajesh Kumar, J.)
29.01.2026
Shahid/
Uploaded on 30.01.2026
