SURAJ KUMAR JHA v. STATE OF JHARKHAND, THROUGH DEPUTY COMMISSIONER
WPC/3135/2025 · 2025-12-22
Rajesh Shankar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 38519 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38519 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:38571-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(PIL) No. 3135 of 2025 ----- Suraj Kumar Jha, Son of Vidyacharan Jha, aged about 50 years, Resident of House No. 62, Ward No. 24, College Road, Near Takshshilla Vidyapith, P.O. & P.S.- Deoghar, District-Deoghar... ... ... ... Petitioner
Versus
1. State of Jharkhand, through Deputy Commissioner, Deoghar Officiating from his office at Office of Deputy Commissioner, Deoghar, P.O. & P.S. Deoghar, District Deoghar
2. Additional Collector, Deogher, officiating from his office at Office of Additional Collector, Deoghar, , P.O. & P.S. Deoghar, District Deoghar
3. Circle Officer, Mohanpur, officiating from his office at Office of Circle Officer, Mohanpur, P.O. & P.S.- Mohanpur, District Deoghar
4. Gokhla Franciscan Society, a Society registered under Societies Registration Act XXI of 1860 bearing registration no. 17 of 1950-51 represented through Joselet George Chakalakal, Son of Chakalakal Mathai Varkey, Resident of Mount Assisi School, Poraiyahat, P.O. & P.S. Poraiyahat, District-Godda … … Respondents
--------- CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE RAJESH SHANKAR
--------- For the Petitioner: Ms. Smita Sinha, Advocate For the Respondents: Mr. Piyush Chitresh, A.C. to A.G.
--------- 03/Dated: 22.12.2025
1. The instant public interest litigation has been filed for grant of following reliefs: a. For issuance of appropriate writ(s), order(s) or direction(s) upon the Respondent authorities particularly Respondent No. 1 to restore the pond to its original condition situated within Mouza Bagakura, Thana No. 534, District Deoghar, Jamabandi No. 6, Plot No. 30 admeasuring an area of 5.57 Acres (hereinafter referred to as the Scheduled Property) which has been filed by the Respondent No. 4 and construction activity is undertaken in violation of Section 35 of the Santhal Pargana Tenancy (Supplementary Provisions) Act 1949. 2025:JHHC:38571-DB
b. For the issuance of appropriate writ(s), order(s) or direction(s) upon the Respondent No. 1 to ensure that the construction work being undertaken by the Respondent No. 4 upon the Scheduled Property which was a pond be stopped till the adjudication of the instant PIL. AND/OR c. For issuance of such other writ(s), order(s) or direction(s) as this Hon’ble Court may think just and proper in the facts and circumstances of the case doing conscionable justice to the petitioner. 2.
We are not at all going into the locus of the petitioner in filing the instant petition given the fact that the State through its Circle Officer, Mohanpur, Deoghar has filed counter affidavit wherein it has been stated that the State is already seized of the matter and has stopped the construction work that was being carried out. 3. Since the State is already seized of the matter, we deem it appropriate to dispose of this public interest litigation by directing the State to take the proceedings to the logical end in accordance with law. 4. Petitioner is at liberty to bring all the illegalities to the notice of the State authorities. 5. Pending Interlocutory Application, if any, stands disposed of. (Tarlok Singh Chauhan, C.J.)
(Rajesh Shankar, J.) 22.12.2025 NAFR/ Cp.02 Sharda/MM/ Uploaded: 23/12/2025