Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:24035 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.3671 of 2025
Balram Mahato, aged about 72 years, son of Late Ratan Mahato resident of Dobo, P.O. Kapali, P.S. Chandil, District-Seraikella Kharswan, at present residing at Sonari Behind Sahid Nirmal Mahto Bhawan, P.O. and P.S. Sonari, Town-Jamshedpur, District-East Singhbhum. …… Petitioner Versus
1. The State of Jharkhand.
2. The Deputy Commissioner, Seraikella Kharswan at Seraikella, P.O. and P.S. Seraikella, District- Seraikella Kharswan.
3. Sub Registrar, District Sub Registry Office at Seraikella, P.O. and P.S. Seraikella, District- Seraikella Kharswan.
4. Land Reforms Deputy Collector at Chandil, P.O. and P.S. Chandil, District-Seraikella Kharswan.
5. Circle Officer at Chandil, P.O. and P.S. Chandil, District -Seraikella Kharswan.
6. Hi-Tech Heritage Limited, a company incorporated under the Companies Act having its Registered Office at Whiter House 4-D,119, Park Street Kolkata-700016, represented by Sri Aditya Narayan Mahato, son of Sri Kamala Kanta Mahato, Resident of Village-Sukla, P.O. and P.S. Patamda, District-East Singhbhum.
7. Sudhir Kumar Agarwal, son of Late Nand Gopal Prasad, resident of Kitadih Harharguttu, P.O. Tatanagar, P.S. Bagbera, Town Jamshedpur, District- East Singhbhum, PIN-831002.
8. Sampati Mahato, son of Late Lakhinder Mahato,
9. Dhananjay Mahato, son of Late Harendra Mahato, Both resident of Village-Dobo, P.O.Kapali, P.S. Chandil, District-Seraikella Kharswan, At present residing at Bal Vihar near Vikash Bhawan, Kagal Nagar, Sonari, P.O.and P.S. Sonari, Town- Jamshedpur, District-East Singhbhum-831011.
10. Purnima Mahato, wife of Keshab Chandra Mahato, resident of Old Post Office Road, Kagalnagar, Sonari, P.O. and P.S. Sonari, Town-Jamshedpur, District-East Singhbhum, Jharkhand-831001.
11. Rina Mahato, D/o Late Sunil Mahato, resident of Village-Dobo, P.O. Kapali, P.S. Chandil, District- Seraikella Kharswan. …... Respondents ---------
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Manoj Kr. Choubey, Advocate - 1 - W.P.C No.3671 of 2025
2025:JHHC:24035 Mr. Sudhanshu Shekhar, Advocate For the Resp.-State : A.C to A.G ---------
03/Dated: 18
th August, 2025
1. The present writ petition has been filed for the following reliefs :-
“(a) for issuance of an appropriate writ or a writ of or in the nature of writ of Mandamus directing and commanding upon the respondents concerned not to violate the proviso laid down under section 46(1)(b) of Chotanagpur Tenancy Act and also to safeguard the interest of the petitioner in his raiyati land recorded under Khata No.169 bearing Plot No.734 area 145 decimals, Plot No.735 area 64 decimals, Plot No.736 area 51 decimals and Plot No.737, area 50 decimals, plot No.738 area 46 decimals and plot No.739 area 96 decimals. total area measuring 452 decimals equivalent to 13.70 Bigha situated at mouza Dobo, Revenue Thana No.331, Halka No.2, P.S. Chandil, District-Seraikella Kharswan, which is violative of Articles 14, 21 and 300A of the Constitution of India and also is in utter violation of the principle of natural justice. (b) RULE NISI for issuance of an appropriate writ in the nature of writ of prohibition commanding upon the concerned respondents directing them not to take arbitrary action as they are sitting idle and silent spectator allowing the Respondents No.6 and 7 for making construction in the ancestral land of the petitioner without exhausting the due process of law.”
2. It has been pointed out by the learned counsel for the State that there is an alternative, efficacious and statutory remedy is available with the petitioner in the form of Section 48 of the Chotanagpur Tenancy Act.
3. In view of the above submission of learned counsel for the State, learned counsel for the petitioner seeks permission - 2 - W.P.C No.3671 of 2025
2025:JHHC:24035 to withdraw the present writ petition with a liberty to work out his remedy before the appropriate forum.
4. With the aforesaid liberty, the present writ petition is, hereby, disposed of.
5. Pending interlocutory application, if any, stands also
disposed of.
(Rajesh Kumar, J.) Ravi-Chandan/- - 3 - W.P.C No.3671 of 2025