Citation : 2026 Latest Caselaw 499 Jhar
Judgement Date : 30 January, 2026
2026:JHHC:2392
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No.328 of 2026
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Sri. Subham Singh, aged about 28 years, Son of Sri. Sanjay Singh, Resident of Near Sarkari Kuan, Manaitand, P.O. Manaitand, P.S. Dhansar, District Dhanbad, Jharkhand, having the Special Power Of Attorney from Dr. Md. Mustafa, S/o Late Abdul Ghani, R/o Naya Bazar, P.O. & P.S. Bank More, Dhanbad, Jharkhand.
.... .... Petitioner(s)
Versus
1. The State of Jharkhand through the Secretary, Department of Revenue and Land Reforms, Government of Jharkhand, Office at Nepal House, P.O. & P.S Doranda, District Ranchi, Jharkhand.
2. The Deputy Commissioner, Dhanbad, having its office at Collectoriate Building, P.O. & P.S. & District - Dhanbad, Jharkhand.
3. The Sub-Registrar, Dhanbad, Office At Dhanbad, P.O. & P.S. & Dist.- Dhanbad, Jharkhand.
4. The Circle Officer, Dhanbad, Office At - Dhanbad, P.O. & P.S. & Dist.- Dhanbad, Jharkhand.
5. Bank Of Baroda, through its Regional Manager, Bank Of Baroda, Harmu Road, Shivajee Chowk, P.O. & P.S. - Harmu, District Ranchi, Jharkhand.
6. The Branch Manager, Bank of Baroda, MSME Branch, P.O. & P.S. Dhanbad, District - Dhanbad, Jharkhand.
7. The Branch Manager, Bank of Baroda, Bank More Branch, P.O. & P.S. - Bank More, District - Dhanbad, Jharkhand.
8. M/s Samar Enterprise a proprietorship firm represented by proprietor Tabassum Bano having its registered office at Rahmat Ganj, Near A-one Marriage Hall, Panderpala, Ρ.Ο. B. Polytechnic, P.S. Dhanbad, District Dhanbad, Jharkhand.
9. Tabassum Bano, proprietor of M/s Samar Enterprise, W/o Mohammad Shahjahan, R/o Rahmat Ganj, Near A-one Marriage Hall, Panderpala, P.O. B. Polytechnic, P.S. - Dhanbad, District - Dhanbad, Jharkhand.
10. Hazra Bibi, W/o Late Abdul Mannan, R/o Near Gousiya Maszid, Rahmat Ganj, Near A-one Marriage Hall, Panderpala, P.O. B. Polytechnic, P.S. Dhanbad, District Dhanbad, Jharkhand.
.... .... Respondent(s)
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s) : Mr. Raj Nandan Chatterjee, Adv.
Ms. Priya Saw, Adv.
For the Respondent(s) : A.C. to G.A.-III
Mr. P.S.A.S. Pati, Adv.
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th
06/Dated: 30 January, 2026
2026:JHHC:2392
1. The present writ petition has been filed for following reliefs:-
"i. For commanding upon the respondents specially respondents no. 5 to 7, not to interfere with the possession of the landed property of the petitioner situated in Mouza Dhanbad, Police Station and Municipality Dhanbad, of Mouza No. 51, Khata No. 56, Plot No. 273 area 35 decimals.
ii. For restraining the respondents specially respondents no. 5 to 7, not to take any coercive steps against the landed property of the petitioner by which respondent bank has proposed to sell the property of the petitioner through Public tender/auction adopting the E-auction mode in pursuance of the order dated 29.11.2023 passed by the Presiding officer, Debts Recovery Tribunal, Jharkhand at Ranchi in O.A. Case No. 444 of 2022 and despite the objection raised by the petitioner in RC/TRC Number RC/515/2023 in the execution proceedings that is pending before the recovery officer, DRT, Ranchi, initiated against the imposters Respondents No. 8 to 10, since the petitioner at any point of time has not taken any loan from the respondent bank by mortgaging/hypothecating his landed property as described herein above.
iii. For direction upon the respondent Bank to forthwith produce all the documents as to how and on what basis a sum of Rs. 1,00,56,346.84 (Rupees one crore fifty six thousand three hundred fourty six and paisa eight four only) had been given to the imposters/respondents no. 8 to 10 and details of the property mortgaged by them as security to the respondent Bank, which the Respondent Bank had failed and neglected to supply to the petitioner despite several demands made thereon. iv. For further forthwith Stay of all the proceedings including execution proceedings and proposed sale proceedings of the property of the petitioner through Public tender/ auction adopting the E-auction mode as circulated in Daily News paper "Prabhat Khabar" vide its issue dated 01.02.2025 and 22.02.2025 at the instance of respondent Bank in pursuance of the order dated 29.11.2023 passed by the Presiding officer, Debts Recovery Tribunal, Jharkhand at Ranchi in O.A. Case No. 444 of 2022, during the pendency of this writ application."
2. Learned counsel for the petitioners seeks permission to withdraw the present writ petition with a liberty to file fresh one with better particulars.
3. Permission is accorded.
4. Accordingly, the present writ petition is hereby disposed of as withdrawn with aforesaid liberty.
(Rajesh Kumar, J.)
Dated: 30th January, 2026 Amar/-
Uploaded on 02.02.2026
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