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Jharkhand High Court
Ruma Mahato vs The State Of Jharkhand Through The ... on 26 March, 2026
Author: Deepak Roshan
Bench: Deepak Roshan
2026:JHHC:9258
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 6573 of 2022
......
Ruma Mahato, aged about 65 years, wife of Sri
Chintamani Mahato, daughter of Sri Lal Mohan Mahato,
resident of Sector -III, Sahyogi Nagar, Village - Sabalpur,
P.O. - K.G. Ashram, P.S. Saraidhela, Dist.- Dhanbad.
.... Petitioner(s)
-VERSUS-
1. The State of Jharkhand through the Secretary Revenue
and Land Reforms Department, (Directorate of Land
Acquisition), Government of Jharkhand, Ranchi, Project
Building, P.O. & P.S. Dhurwa, District Ranchi.
2. Deputy Commissioner, Dhanbad, P.O., P.S. & District
Dhanbad.
3. Municipal Commissioner, Dhanbad Municipal
Corporation, P.O., P.S. & District - Dhanbad.
4. Sub-divisional Officer, Dhanbad, P.O., P.S. & District
Dhanbad.
5. Circle Officer, Dhanbad Circle, P.O., P.S. & District
Dhanbad. .....Respondent (s)
With
......
Khedan Chandra Mahato, aged about 65 years, son of
Late Ratan Mahato, resident of Village-Sabalpur, P.O. K.G.
Ashram, P.S. Saraidhela, District-Dhanbad.
.... Petitioner(s)
-VERSUS-
1. The State of Jharkhand through the Secretary Revenue
and Land Reforms Department, (Directorate of Land
Acquisition), Government of Jharkhand, Ranchi, Project
Building, P.O. & P.S. Dhurwa, District Ranchi.
2. Deputy Commissioner, Dhanbad, P.O., P.S. & District
Dhanbad.
3. Municipal Commissioner, Dhanbad Municipal
Corporation, P.O., P.S. & District - Dhanbad.
4. Sub-divisional Officer, Dhanbad, P.O., P.S. & District 4.
Dhanbad.
5. Circle Officer, Dhanbad Circle, P.O., P.S. & District
Dhanbad. .....Respondent (s)
......
CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioner(s) : Mr. Bhaiya V. Kumar, Adv
For the Respondent (s): Mr. Sunita Kumari, A.C. to Sr. S.C.-II
For the Resp. No.3 : Mr. Arpan Mishra, Advocate
2026:JHHC:9258
......
11/26.03.2026
1. Since both these writ applications are having
similar facts and issues; accordingly, with consent of the
parties, both were heard together and disposed of by this
common order.
2. Writ application being W.P.(C) No. 6573 of 2022 has
been preferred by the petitioner for following reliefs:
"That the petitioner prays for issuance of a writ of or in the
nature of mandamus commanding upon the respondents
not to demolish the structure standing on Khata No. 7, Plot
No. 209(P), Thana No. 9, having an area 6.5 Katha i.e.
10.73 decimal, and the land of Khata No. 28, Plot No.
214(P), Thana No. 9, area 6.5 Katha i.e. 10.73 decimals,
both situated at Mouza- Aamaghata, Thana No. 9, P.S.
Dhanbad, now P.S. Saraidhela, District - Dhanbad on the
pretext of encroachment over public land, although the
possession of the petitioner over the land in question is that
of a settled raiyat by virtue of a registered sale deed no.
10730 and registered sale deed no. 10732, respectively
both dated 28.07.2010 duly executed by the rightful owner;
And/or for issuance of such other order/orders, writ/writs,
direction/directions which Your Lordships may deem fit and
proper in the facts and circumstances of this case."
3. Writ application being W.P.C No. 6574 of 2022 has
preferred for the following reliefs:
"That the petitioner prays for issuance of a writ of or in the
nature of mandamus commanding upon the respondents
not to demolish the structure standing on Khata No. 28, Plot
No. 214, Thana No. 9, having total area 99 decimal,
situated at Mouza- Aamaghata, Thana No. 9, P.S. Dhanbad,
now P.S. Saraidhela, District - Dhanbad on the pretext of
encroachment over public land, although the possession of
the petitioner over the land in question is that of a settled
2026:JHHC:9258
raiyat by virtue of a registered sale deed dated 16.11.1984
duly executed by the rightful owner;
And/or for issuance of such other order/orders, writ/writs,
direction/directions which Your Lordships may deem fit and
proper in the facts and circumstances of this case."
4. Learned counsel for the petitioners, appearing in
both these cases, submits that without initiation of any
acquisition proceedings, the respondents are demolishing
the structures standing on the properties involved herein.
He further contends that the names of the petitioners'
forefathers are duly recorded in the revenue records, and
without initiating any such proceedings, no law permits any
authority to demolish the buildings.
5. In opposition, learned counsel for the State submits
that, on the one hand, no demolition is taking place; and on
the other hand, the land in question is government land.
6. In response, learned counsel for the petitioner
submits that the instant writ application may be disposed of
by directing the respondent no.2 to verify the documents
and, after conducting physical verification, pass an order
with regard to the claim of the respective petitioners.
7. Having regard to the aforesaid submissions and
considering the prayers made, both the writ applications
stand disposed of with a direction to the Petitioners in both
these writ applications to approach 2nd Respondent along
with a copy of this writ application and other documents
within a period of six weeks from today.
8. If the representation pertaining to both these cases
is preferred before the Deputy Commissioner, he shall get
the property inspected physically and shall also verify the
documents, and thereafter pass a final order with regard to
the claim of the respective Petitioners.
2026:JHHC:9258
9. It goes without saying that if the 2nd Respondent
finds that the land belongs to the petitioners and that some
demolition has taken place, then proper proceedings for
acquisition of the land be initiated accordingly.
10. It goes without saying that, if the claim of the
Petitioner/(s) is disputed, then the petitioner/(s) would be at
liberty to approach appropriate forum in accordance with
law.
11. Status quo as to what exists today shall be
maintained till filing of the representation or for six weeks
from today; whichever is earlier.
12. Accordingly, these writ applications stand disposed
of. Pending I.A.s, if any, also stands disposed of.
(Deepak Roshan, J)
26.03.2026
Amardeep/
Uploaded on
02.04.2026
