Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 40004 (JHR)

ASHOK BAIGA v. STATE OF JHARKHAND THROUGH DEPUTY COMMISSIONER

WPC/6241/2025 · 2025-11-26

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:35253 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6241 of 2025 .... 1. Ashok Baiga, aged about 43 years, son of Late Bandhan Baiga 2. Ranthi Devi, aged about 48 years, W/o Late Shainkar Baiga Both R/o-Village ward No.18 DSP Road, P.O.+P.S.-Gumla, District-Gumla .… Petitioners Versus 1. The State of Jharkhand through Deputy Commissioner, P.O.+P.S.-Gumla, District-Gumla, Jharkhand 2. Circle Officer, Gumla, P.O.+P.S.-Gumla, District-Gumla, Jharkhand 3. The Land Reforms Deputy Collector, P.O.+P.S.-Gumla, District-Gumla, Jharkhand 4. Chandan Domnik Minz aged about 63 years, son of Suleman Minz, R/o Vill-Sisai Road, P.O.+P.S.+ District-Gumla, Jharkhand 5. Uday Shankar Sahu, aged about 43 years, son of Sagar Prasad, R/o-Vill-Palkot Road, P.O.+P.S.+ District-Gumla, Jharkhand 6. Gyan Deep Minz, aged about 46 years, D/o Jevika Minz, R/o Vill-Palkot Road, P.O.+P.S.+ District-Gumla, Jharkhand 7. Dimra Sahu aged about 50 years, son of Rampat Sahu, R/o Vill-Palkot Road, P.O.+P.S.+ District-Gumla, Jharkhand 8. Draupadi Devi, aged about 46 years, W/o Ramprasad Sahu, R/o-Vill-Palkot Road, P.O.+P.S.+ District-Gumla, Jharkhand 9. Rampati Devi, aged about 48 years, W/o Bhagwan Sahu, R/o Vill-Palkot Road, P.O.+P.S.+ District-Gumla, Jharkhand 10. Amit Pankaj aged about 43 years, son of Kishor Mishra, R/o Vill-Palkot, P.O.+P.S.+ District-Gumla, Jharkhand .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioners : Mr. Ajeet Kumar Singh, Adv. For the State : Mr. Amitesh Kumar Geasen, AC to AAG-IA .... 02/26.11.2025 1. The present writ petition has been filed for the following reliefs:- “(a) For issuance of appropriate writ(s) / order(s) / direction(s) the respondents to stop the illegal encroachment of aadiwashi land by the encroacher (Bhoo Mafiyas) over the land as to the land appertaining Khata No. 33, plot no. 977 total area 1.07 acre under Mauza Gumla, thana no. 59 which is running under R.S Khatiyan as Kayami in the name of Thupa Baiga son Risa Baiga. (b) For issuance of appropriate writ(s) / order(s) / direction(s) upon the respondents to stop from disturbing the possession / structure standing over Khata No. 33, plot no. 977 total area 1.07 acre under Mauza Gumla, thana no. 59 which is running under R.S Khatiyan as Kayami in the name of Thupa Baiga son Risa Baiga, which is being used by the petitioners for the purpose of farmland but the respondent no. 5 to 11 by cheating and forcefully encroached the aforesaid land which is 2025:JHHC:35253 2 W.P.(C) No.6241 of 2025 ancestor property of the petitioners but the respondent no. 5 to 11 is encroached the land. (c) For issuance of appropriate writ(s) / order(s) / direction(s) to take legal action against the encroacher who were forcefully and deceitfully encroached the above said land by the local villager of tribe community as well as non tribal person.” 2. Admittedly, the present matter pertains to a land dispute, for which an alternative remedy is available under Section 71A as well as Section 46 of the Chota Nagpur Tenancy Act, 1908. Other alternative remedies are also available under the statute. 3. The nature of relief clearly suggest that it is a civil dispute and it can be resolved only after taking evidence for which the alternative and efficacy remedy is available. 4. In that view of the matter, I am not inclined to entertain the present writ petition. Accordingly, the present writ petition stands dismissed. (Rajesh Kumar, J.) 26.11.2025 Shahid/ Uploaded on 28.11.2025