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2025 DAILYLAW 26052 (JHR)

SHIV SHANKAR SHARMA v. THE STATE OF JHARKHAND

WPC/4290/2021 · 2025-08-26

Rajesh Shankar

Public Interest Litigationbody2025

Judgment text

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2025:JHHC:25273-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 4290 of 2021 Shiv Shankar Sharma, aged about 43 years, S/o- Sri Gautam Sharma, R/o- Village- Tikra Toli, Nagari, Piska, P.O. & P.S.- Nagari, District- Ranchi, Jharkhand … ... … … Petitioner Versus 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, Project P.S.-Dhurwa, District-Ranchi, Building, P.O. Jharkhand. 3. The Director General Income Tax, Investigation, Government of Jharkhand, Central Revenue Building, 5A, Main Road, Ranchi, P.O.- G.P.O, P.S.-Daily Market, District-Ranchi, Jharkhand. 4. The Central Bureau of Investigation, Plot No. 5/B, CGO Complex, Lodhi Road, Jawaharlal Nehru Stadium Marg, P.O. & P.S.-Lodhi Road, New Delhi, Delhi 1100033. 5. The Enforcement Directorate, Delhi, 6th floor, Lok Nayak Bhawan, P.O. & P.S.-Khan Market, New Delhi, 110003. 6. Sri Hemant Soren, S/o-Sibu Soren, R/o-Kanke, Ranchi, P.O.-Ranchi University, P.S.-Gonda, District-Ranchi, Jharkhand. 7. Sri Basant Soren, S/o-Sibu Soren, R/o-House No. 3030, Bokaro Steel City, Sector-5A, P.O. & P.S.-Sector-6, District-Bokaro, Jharkhand. 8. Sri Ravi Kejriwal, S/o-Not Known, R/o-A/2 Sector-1 Market, Ram Mandir, Bokaro, P.O. & P.S.-Sector-1, District-Bokaro, Jharkhand. 9. Registrar of Companies-cum-Official Liquidator, Ministry of Corporate Affairs, Mangal Tower, 4th Floor, Old Hazaribagh Road, Near Kanta Toli Chowk, Ranchi- 834001. ... Respondents WITH W.P. (PIL) No. 727 of 2022 Shiv Shankar Sharma, aged about 43 years, S/o- Sri Gautam Sharma, R/o- Village- Tikra Toli, Nagari, Piska, P.O. & P.S.- Nagari, District- Ranchi, Jharkhand … ... … … Petitioner Versus 1. The State of through the Chief Secretary, Government of Jharkhand, Project Building, P.O. & P.S.-Dhurwa, District-Ranchi, Jharkhand. 2. The Home Secretary, Government of Jharkhand, Project Building, P.O. & P.S.-Dhurwa, District-Ranchi, Jharkhand. 3. The Secretary, Department of Mines, Geology Jharkhand, Nepal House, P.O. & P.S.-Doranda, District-Ranchi, Jharkhand. 4. The District Mining Officer, Ranchi, Nepal House, P.O. & P.S.-Doranda, District-Ranchi, Jharkhand. 5. The Director, Central Bureau of Investigation, Plot No. 5B, 10th Floor, B Wing, CGO Complex, Lodhi Road, New Delhi, P.O. & P.S.-Lodhi Road, District-New Delhi-110003. 2025:JHHC:25273-DB 6. The Director, Enforcement Directorate, 6th Floor, Lok Nayak Bhawan, Khan Market, New Delhi, P.O. & P.S.-Khan Market, District-New Delhi- 110003. 7. Hemant Soren, The Minister, The Department of Mines, Government of Jharkhand, Kanke Road, P.O.-Ranchi University, P.S.-Gonda, District- Ranchi, Jharkhand. 8. Puja Singhal, Secretary, Department of Mines, Government of Jharkhand, Near Raj Bhawan, P.O.-Ranchi College, P.S.-Gonda, District-Ranchi, Jharkhand. 9. The Principal Secretary to Hon'ble Governor, Raj Bhawan, Ranchi, P.O.- Ranchi College, P.S.-Gonda, District-Ranchi, Jharkhand. ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioner: Mr. Rajeev Kumar, Advocate Ms. Niteshwari Kumari, Advocate For the State: Mr. Piyush Chitresh, A.C. to A.G. For the CBI: Mr. Prashant Pallav, Advocate Ms. Shivani Jaluka, Advocate Mr. Deepak Kumar Bharti, Advocate For the ED: Mr. Amit Kumar Das, Advocate Mr. Shivam Utkarsh Sahay, Advocate Mr. Siddharth Jain, Advocate For the Income Tax: Mr. Kumar Vaibhav, Sr. S.C. Mr. Anurag Vijay, Jr. S.C. Ms. Saudamini Gupta, Advocate Mr. Durgesh Agarwal, Advocate For the Resp. 6&7: Mr. Amritansh Vats, Advocate Mr. Amartya Choubey, Advocate (In WP (PIL) 4290/2021) For the intervener: Mr. Jai Mohan Mishra, Advocate (In WP (PIL) 4290/2021 --------- 18/Dated: 26.08.2025 Tarlok Singh Chauhan, C.J.(Oral) 1. Both these writ petitions have been rendered infructuous in view of the judgment passed by the Hon’ble Supreme Court in State of Jharkhand vs. Shiv Shankar Sharma and Others, (2022) 19 SCC 626. 2. The aforesaid judgment was delivered by the Hon’ble Supreme Court in a matter arising out of the interim order passed by this Court on 3rd of June 2022 upholding the locus standi of the petitioner to file and maintain these writ petitions as the Public Interest Litigations. However, the said 2025:JHHC:25273-DB findings have been reversed by the Hon’ble Supreme Court by observing at para 39 and 40 as under: “39. If the petitioner has a genuine reason to pursue the matter, he has his remedies available under the Companies Act or under other provisions of the law where he can apprise the relevant authorities of the misdeeds of the Directors or Promotors of the companies. But on generalised averments which are nothing but mere allegations at this stage, the Court cannot become a forum to investigate the alleged acts of misdeeds against high constitutional authorities. It was not proper for the High Court to entertain a PIL which is based on mere allegations and half baked truth that too at the hands of a person who has not been able to fully satisfy his credentials and has come to the Court with unclean hands. 40. Consequently, we allow the present appeals and set aside the order of 3-6-2022 passed by the Jharkhand High Court in WP No. (PIL) 4290 of 2021 and WP No. (PIL) 727 of 2022.” 3. Since the petitioner does not have the locus standi to file these writ petitions as observed by the Hon’ble Supreme Court, obviously, the present writ petitions are not maintainable and dismissed accordingly. 4. All pending Interlocutory Applications shall stand closed. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) N.A.F.R. Manoj/Pramanik/Cp.2