IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.673 of 2025 ----- M/s MHR Construction Private Limited, a company registered under the Indian Companies Act, 2013, having its registered office at Flat No.-P 2/ 2303/2 B 1, Priyabala Heritage (PBH), Marine Drive, Mauza Ulian, Thana No.1158, Ward No.-2, New Khata No.-468, Plot No.-21, Kadma, East Singhbhum, P.O. & P.S.-Kadma, District-East Singhbhum, Jharkhand, PIN- 831005, through its Chief Executive Officer Sri Kunal Kumar Singh (aged about 41 years) son of Late Dinesh Singh, Residence-Flat No. P 2/2303/2 B 1, Priyabala Heritage (PBH), Marine Drive Ulian, P.O. & P.S. Kadma, District East Singhbhum. .......... Petitioner. -Versus- 1. The State of Jharkhand through the Secretary, Department of Revenue, State of Jharkhand, Project Building, P.O. & P.S.- Dhurwa, District- Ranchi. 2. Deputy Commissioner, East Singhbhum, at Near Old Court Campus, P.O. & P.S. Bistupur, Jamshedpur, District East Singhbhum. 3. Anchal Adhikari Jamshedpur-cum-Collector under JPLE Act, at P.O. & P.S. Jamshedpur, District East Singhbhum. 4. Manoj Kumar father’s name is not known to the petitioner, Anchal Adhikari, Jamshedpur-cum-Collector under JPLE Act, At P.O. & P.S. Jamshedpur, District-East Singhbhum. 5. Stephen Soren father’s name is not known to the petitioner, Anchal Amin, Jamshedpur, At P.O. & P.S. Jamshedpur, District East Singhbhum. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. V.P. Singh, Sr. Advocate Mrs. Bandana Kumari Sinha, Advocate Mrs. Ragini Kumari, Advocate For the Respondents: Mr. Ashok Kr. Yadav, Sr. S.C.-I Mr. Ranjan Kumar, A.C. to Sr. S.C.-I ----- Order No.02 Date: 11.02.2025 1. The present writ petition has been filed for restraining the respondent-authorities from further demolishing the building project, namely, “Priya Bala Heritage” being carried out by the petitioner over its raiyati land appertaining to Khata No.4, 2 W.P.(C) No.673 of 2025 Plot Nos.1209 and 1216, Thana No.1158, Mouza-Uliyan, District East Singhbhum, Jamshedpur (hereinafter to be referred as the “said land”) having been purchased by the petitioner vide eight different registered sale deeds from respective raiyats/land owners and have also been mutated in the revenue records and the said construction has duly been approved and sanctioned by the competent authority. The petitioner has also made other related prayers. 2. Mr. V.P. Singh, learned senior counsel for the petitioner submits that the petitioner is a company registered under the provisions of the Companies Act, 2013 engaged in the business of real estate particularly development of land and construction of buildings and is also registered under Jharkhand Real Estate Regulatory Authority. It is further submitted that the petitioner has purchased the said land by way of eight registered sale deeds from different raiyats/land owners between the period from 24th December, 2012 to 26th March, 2022. After purchase of the said land, the same has also been mutated in the revenue records and the petitioner has also paid the rent for the same to the Government till the year 2024-25 for which rent-receipts have been issued in its favour. 3. Learned senior counsel for the petitioner also submits that the petitioner is carrying out a development project of construction of buildings, namely, “Priya Bala Heritage” over the said land, however, it is being regularly disturbed by the 3 W.P.(C) No.673 of 2025 respondent-authorities on the wrong notion that the said land pertains to Ward No.2, Khata No.1217, Plot No.55/2797 measuring an area of 25.60 decimals whereas according to the petitioner, the land in question pertains to Khata No.4, Plot Nos.1209 and 1216, Thana No.1158, Mouza-Uliyan. Moreover, before starting construction activities over the said land, the petitioner-company got the nature of same verified through Jamshedpur Notified Area Committee (JNAC). In the process of the said verification, the JNAC requested the Circle Officer, East Singhbhum, Jamshedpur vide letter no.2558 dated 23rd August, 2022 to verify the nature of land, in response to which, the said Circle Officer vide letter no.1786 dated 2nd September, 2022 informed that nature of the land is “raiyati” and the same is also free from the provisions of Chota Nagpur Tenancy Act, 1908. Accordingly, the JNAC approved the building plan vide Memo No.JNAC/BP/0075/W2/2022 dated 11th November, 2022. 4. Learned senior counsel for the petitioner also contends that few politician of the area are having evil eyes over the said project and due to the said reason, the administrative authorities are being pressurized to put hurdle in the said project of the petitioner. In the said process a proceeding under the provisions of the Jharkhand Public Land Encroachment Act, 1956 was also initiated against the petitioner by the respondent no.4 being J.P.L.E. Case No.06 of 2024-25 which was disposed of vide order dated 17th 4 W.P.(C) No.673 of 2025 August, 2024 directing the petitioner to remove the alleged encroachment from the land in question within seven days, failing which the Chief Executive Officer of the petitioner- Kunal Kumar Singh would be liable for maximum punishment of one year imprisonment or penalty of Rs.25,000/- or both. Aggrieved with the said order passed by the respondent no.4, the petitioner has preferred J.P.L.E. Appeal No.84 of 2024-25 before the respondent no.2 which is pending consideration. The said appeal is however listed today before the said respondent. 5. Learned senior counsel for the petitioner further submits that to put the present dispute to an end, it is desirable that identity/existence of the land in question be fairly determined by involving a survey knowing pleader commissioner as the petitioner has been insisting that the land in question does not pertain to Ward No.2, Khata No.1217, Plot No.55/2797 measuring an area of 25.60 decimals, rather the same pertains to Khata No.4, Plot Nos.1209 and 1216, Thana No.1158, Mouza-Uliyan over which it has lawful title and possession. 6. On the contrary, Mr. Ashok Kumar Yadav, learned Sr. S.C.-I appearing on behalf of the respondents submits that it seems that the petitioner is in possession of land appertaining to Ward No.2, Khata No.1217, Plot No.55/2797 measuring an area of 25.60 decimals which is a Government land. The petitioner has already been directed to get the encroachment 5 W.P.(C) No.673 of 2025 made over the said land removed vide order dated 17th August, 2024 passed by the respondent no.4 in J.P.L.E. Case No.06 of 2024-25. Moreover, the appeal being J.P.L.E. Appeal No.84 of 2024-25 preferred by the petitioner against the said order is still pending before the respondent no.2. 7. Having heard the learned counsel for the parties and considering the materials available on record, the petitioner’s claim appears to be that it is in possession of land appertaining to Khata No.4, Plot Nos.1209 and 1216, Thana No.1158, Mouza-Uliyan whereas the respondent-authorities are claiming that it is in possession of land appertaining to Ward No.2, Khata No.1217, Plot No.55/2797 measuring an area of 25.60 decimals which is a Government land. 8. Under the said circumstance, it seems appropriate to direct the respondent no.2 to constitute a committee headed by the Additional Deputy Commissioner, East Singhbhum, Jamshedpur. The said committee shall also consist of Deputy Collector Land Reforms, Jamshedpur, a Survey Knowing Pleader Commissioner to be chosen by the respondent no.2 and two Government Amins which will not include the respondent no.5, since the petitioner has shown apprehension with regard to fairness of the said revenue official. The said Committee shall make an inquiry and submit the report to the respondent no.2 within a period of one month from the date of receipt/production of a copy of this 6 W.P.(C) No.673 of 2025 order. A copy of inquiry report shall also be furnished to the representative of the petitioner. 9. The said inquiry report will also be taken into consideration by the respondent no.2 in J.P.L.E. Appeal No.84 of 2024-25 said to be pending before him. 10. Till the respondent no.2 passes appropriate order in J.P.L.E. Appeal No.84 of 2024-25 based on the said inquiry report, no further demolition of the structure(s) existing over the land in question shall be made by the respondent-authorities. 11. The writ petition is accordingly disposed of with aforesaid direction. 12. Pending interlocutory application(s), if any, is also disposed of. (Rajesh Shankar, J.) Rohit/