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High Court of Jharkhand · body

2025 DAILYLAW 10091 (JHR)

SUMESHWAR NATH SINGH v. THESTATE OF JHARKHAND THROUGH SECRETARY URBAN DEVELOPMENT AND HOUSING DEPTT

WPC/1354/2022 · 2025-09-02

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:26660 1 W.P.(C) No. 1354 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1354 of 2022 1. Sumeshwar Nath Singh, aged about 59 years, son of Late Jagdish Narayan Singh, resident of Rakhabani, P.O. Dumka, P.S. Dumka (Town), District Dumka. 2. Ajay Keshri, aged about 51 years, son of Late Jaiprakash Keshri, resident of Lakhikundi, P.O. Asansol, P.S. Dumka (M), District Dumka. 3. Sanjeev Kumar Das, aged about 59 years, son of Late Bishnu Prasad Das, resident of Village Bandarjori, P.O. Dumka, P.S. Dumka (Town), District Dumka. 4. Ashok Singh, aged about 59 years, son of Ramjee Singh, resident of Grant Estate, Lal Pokhra, P.O. Dumka, P.S. Dumka (T), District Dumka. 5. Anand Kumar, aged about 24 years, son of Dinesh Sah, resident of Dangal Para (Kanu Para), P.O. Dumka, P.S Dumka (Town), District Dumka. 6. Uma Nath Prasad, aged about 40 years, son of Shivnath Prasad Bhagat, resident of Amrapara, P.O. Amrapara, P.S. Amrapara, District Pakur. 7. Kaushal Kumar Singh, aged about 62 years, son of Late Parshuram Singh, resident of Thana Road, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 8. Amit Kumar Abuwala, aged about 43 years, son of Bhagwati Prasad Abuwala, resident of Gilan Para, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 9. Dilip Kumar Thakur, aged about 55 years, son of Late Bindeshwari Thakur, resident of Harna Kundi Road, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 10. Manoj Sah, aged about 45 years, son of Late Dashrath Sah, resident of Dangal Para, Kanu Para, P.O. Dumka, P.S. Dumka (Town), District Dumka. 11. Sona Lal Sah, aged about 33 years, son of Late Dashrath Sah, resident of Dangal Para, Kanu Para, P.O. Dumka, P.S. Dumka (Town), District Dumka. 12. Ram Shankar Sah, aged about 57 years, son of Rameshwar Sah, resident of Dangal Para, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 13. Bhagwan Singh, aged about 59 years, son of Rajdeo Singh, resident of Dangal Para, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 14.Sanjay Kumar Chourasiya, aged about 45 years, son of Siyaram Chourasiya, resident of Gandhi Nagar, Shiv Pahar, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 15. Md. Samim, aged about 37 years, son of Md. Khalil, resident of Dangal Para, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 16. Mohammad Khalil Miya, aged about 76 years, son of Md. Nabi Baks, resident of Dangal Para, Masjid Road, P.O. Dumka, P.S. Dumka (Town), District Dumka. 17.Sikki Chourasiya, aged about 33 years, son of Late Ajay Kumar Churasiya, resident of Tin Bazar, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 18. Bicky Chourasia, aged about 36 years, son of Late Ajay Kumar Chourasia, resident of Tin Bazar, Dumka, P.O. Dumka, P.S. Dumka (Town), 2025:JHHC:26660 2 W.P.(C) No. 1354 of 2022 District Dumka. 19. Shravan Shil, aged about 49 years, son of Late Bhut Nath Shil, resident of Bauri Para, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 20. Kiran Kumar Gon, aged about 52 years, son of Ajit Kumar Gon, resident of Rasikpur, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 21. Pramod Sah, aged about 66 years, son of Late Madan Sah, resident of Bandarjori, P.O. Dumka, P.S. Dumka (Town), District Dumka. 22. Deepak Kumar Jha, aged about 52 years, son of Mahesh Kant Jha, resident of Quarter Para, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 23. Uday Kumar Srivastava, aged about 52 years, son of Niranjan Prasad Srivastava, resident of Police Line, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 24. Niranjan Sah, aged about 43 years, son of Bhola Sah, resident of Dangal Para, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. ….........Petitioner(s) Vrs. 1. The State of Jharkhand through Secretary, Urban Development and Housing Department, Government of Jharkhand, Having its Office at Project Bhawan, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi. 2. The Deputy Commissioner, Having its Office at Dumka, P.O. and P.S. Dumka, District Dumka. 3. Chief Executive Officer, Nagar Parishad, Dumka, Having its Office at Dumka, P.O. and P.S. Dumka, District Dumka. 4. Special Officer, Nagar Parishad, Dumka, Having its Office at Dumka, P.O. and P.S. Dumka, District Dumka. .......... Respondent(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Indrajit Sinha, Advocate For the Resp.-State : Mr. Baibhaw Gahlot, A.C to A.A.G-V 02/02.09.2025 The present writ petition has been filed for the following relief(s): (i) For issuance of an appropriate writ, order or direction to call for the records relating to the decision taken by the members of the Board, Nagar Parishad, Dumka in its meeting held on 30.10.2021 in so far as it relates to the purported decision with respect to fresh settlement of the shops at Dumka Bus Depot and upon receipt of the same this Hon'ble Court may be further be pleased to quash / set aside / vary / alter the said decision taken in the meeting of Members of the Board of the Nagar Parishad, Dumka on 30.10.2021; And (ii) For issuance of an appropriate writ, order or 2025:JHHC:26660 3 W.P.(C) No. 1354 of 2022 direction, for restraining the respondent authorities from giving effect to / acting pursuant to the decision taken by the members of the Board, Nagar Parishad, Dumka in its meeting held on 30.10.2021 with respect to fresh settlement of the shops at Dumka Bus Depot; And (iii) For issuance of an appropriate writ, order or direction for quashing of the Notice bearing No. 28/2021- 22 issued under the signature of Chief Executive Officer, Nagar Parishad, Dumka which has been published in the Hindi daily newspaper "Dainik Jagran" Deoghar edition dated 12.03.2022(Annexure-6), whereby and whereunder applications for settlement of shops at the Dumka Bus Depot by auction has been invited and the last date for submission of the application forms is 29.03.2022 and bidding process would start the same day; And (iv) For issuance of an appropriate writ, order or direction to the respondent authorities to regularize the shops in occupation and possession of the petitioners at Dumka Bus Depot under Type 'E' category on fair, equitable and reasonable terms and conditions; And (v) For issuance of an appropriate writ, order or direction for restraining the respondent authorities from forcibly dispossessing/ evicting the petitioner from their respective shops in occupation and possession of the petitioners at Dumka Bus Depot under Type ‘E’ category; 2. Learned counsel for the petitioner seeks permission to withdraw the writ petition with a liberty to work out his remedy in accordance with law. 3. Learned counsel for the respondent State has no objection. 4. Accordingly, the writ petition is disposed of as withdrawn with the aforesaid liberty. (Rajesh Kumar, J.) A.Mohanty