MUKESH KUMAR SINGH v. THE STATE OF JHARKHAND THROUGH DEPUTY COMMISSIONER, DHANBAD
WPC/3491/2024 · 2025-06-18
Gautam Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17329 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17329 (JHR) · dailylaw.ai ]
Judgment text
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2025:JHHC:16047 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 3491 of 2024
------ Mukesh Kumar Singh, son of Jagnandan Singh, resident of Cooperative Colony, near Community Centre, P.O. Jamadoba, P.S. Jorapokhar, District Dhanbad
.... .... …. Petitioner
Versus
1. The State of Jharkhand through Deputy Commissioner, Dhanbad, having office at P.O. & P.S. Dhanbad, District Dhanbad
2. The Sub Divisional Officer, Dhanbad, having office at P.O. & P.S. Dhanbad, District Dhanbad
3. Bank of Baroda, Bank More Branch, Dhanbad through its Chief Manager, having office at Laxmi Complex, Jharia Road, P.O. & P.S. Jharia, District Dhanbad
.... .... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner
: Mr. Lukesh Kumar, Advocate For the State
: Mr. Binit Chandra, AC to AAG III
.
------
Order No.05 / Dated : 18.06.2025
Instant writ petition has been filed under Article 226 of the Constitution of India for physical possession certificate.
2. Petitioner claims to have purchased the building situated at Mouza No.131, Pergana and P.S. Jharia Chowki, Dhanbad, Khata No.509, Plot No.2825, commonly known as “Ratna Mepa Building” in a Bank auction purchase on 30.11.2022 on being declared successful bidder. In pursuant to the said auction, Rs.1,59,61,030/- was paid and sale certificate was issued on 15.12.2023 and further, delivery of possession was effected.
3. The main grievance of the petitioner is that although he has received the possession, but has not received actual physical possession of the building. In the absence of any physical possession certificate, the existing tenant in the premises are not recognizing the petitioner as landlord and the rent is not being paid. In this regard, a petition was filed by the petitioner for issuance of physical possession certificate on 17.05.2024, but the same has not been disposed of till date by the Respondent Bank.
4. Under the circumstance, respondent no.3 is directed to dispose of the representation filed by the petitioner on 17.05.2024 within four weeks from the date of receipt of this order.
Writ Petition stands disposed of. Interlocutory Application, if any, is
disposed of.
Let this order be communicated forthwith.
(Gautam Kumar Choudhary, J.) Anit