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High Court of Jharkhand · body

2025 DAILYLAW 10095 (JHR)

SAPAN KUMAR SAH v. THE STATE OF JHARKHAND THROUGH SECRETARY URBAN DEVELOPMENT AND HOUSING DEPTT

WPC/1353/2022 · 2025-09-02

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:26661 1 W.P.(C) No. 1353 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1353 of 2022 1. Sapan Kumar Sah, aged about 53 years, son of Satyanarayana Sah, resident of Bandh Para, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 2. Dipankar Jha, aged about 58 years, son of Shiv Shankar Jha, resident of Village Lakhan Pahari, P.O. Bandanvar, P.S. Pathargama, District Godda. 3. Nisha Gupta, aged about 33 years, wife of Late Santosh Kumar Gupta, resident of Rasikpur, P.O. Dumka, P.S. Dumka (Town), District Dumka. 4. Bishu Das, aged about 41 years, son of Badrinath Das, resident of Shanti Nagar, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 5. Md. Israfel, aged about 53 years, son of Indra Nagar, Purana Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 6. Ravi Kumar Mishra, aged about 47 years, son of Late S.P. Mishra, resident of Bandh Para, P.O. Dumka, P.S. Dumka (Town), District Dumka. 7. Birendra Prasad Gupta, aged about 59 years, son of Late Surya Narayan Sah, resident of Karaharabil, College Road, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 8. Vikas Chandra Das, aged about 54 years, son of Late Ravi Lal Das, resident of Banderjori, P.O. Dumka, P.S. Dumka (Town), District Dumka. 9. Kajal Kumar Bhandari, aged about 52 years, son of Braj Dulal Bhandari, resident of Asansol, P.O. Asansol, P.S. Dumka (Muffasil), District Dumka. 10. Budh Deo Jha, aged about 53 years, son of Late Baldeo Jha, resident of Brahampur, P.O. Bounsi, P.S. Bounsi, District Banka (Bihar). 11. Brajesh Kumar Mishra, aged about 57 years, son of Rabindra Nath Mishra, resident of Grant Estate, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 12. Subhash Chandra Paul, aged about 66 years, son of Gunadhar Chandra Paul, resident of Village Lakarjoria, P.O. Nachan Garia, P.S. Jama, District Dumka. 13. Sharmila Devi, aged about 49 years, resident of Late Alok Kumar Sinha, resident of Grant Estate, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 14. Basuki Thakur, aged about 51 years, son of Late Shree Chandra Thakur, resident of Professor Colony, Bandh Para, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 15. Sanjay Kumar Singh, aged about 44 years, son of Krishna Prasad Sing, resident of Bandh Para, Sonwadangal, P.O. & P.S. Dumka, District Dumka. 16. Renu Bala Das, aged about 70 years, wife of Late Bishnu Prasad Das, resident of Bandarjori, P.O. Dumka, P.S. Dumka (Town), District Dumka. 17. Braj Kishore Thakur, aged about 56 years, son of Late Deo Narayan Thakur, resident of Nahar Park, L.I.C. Colony, P.O. Dumka, P.S. Dumka (Town), District Dumka. 18. Ajay Kumar Gorai, aged about 49 years, son of Lakshmi Kant Gorai, resident of Bandh Para, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 19. Shamsher Alam, aged about 44 years, son of Late Md. Saabir Ali, resident 2025:JHHC:26661 2 W.P.(C) No. 1353 of 2022 of Indira Nagar, Jarowadih, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 20. Md. Alauddin, aged about 47 years, son of Md. Rafik, resident of Village Khijuria, P.O. Asansol, P.S. Dumka (Town), District Dumka. 21. Bablu Sah, aged about 47 years, son of Bal Govind Sah, resident of Dangal Para, Dumka, P.O. Dumka, P.S. Dumka (Town), District Dumka. 22. Md. Jannat Hussain, aged about 51 years, son of Late Ibrahim, resident of Dudhani, 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. Abhijeet Anand, A.C to Sr. S.C.-I. 05/02.09.2025 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 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; 2025:JHHC:26661 3 W.P.(C) No. 1353 of 2022 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, 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 'A' 'B' and 'C' 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 'A' 'B' and 'C' 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