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High Court of Jharkhand · body

2025 DAILYLAW 8338 (JHR)

SAGRI DEVI v. THE STATE OF JHARKHAND

WPC/1433/2023 · 2025-08-14

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:23885 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1433 of 2023 1. Sagri Devi aged about 40 years wife of Jaldhar Mahto 2. Parmeshwar Mahto aged about 70 years son of Khakha Mahto 3. Rameshwar Mahto aged about 90 years son of Kalu Ram Mahto 4. Beli Devi aged about 55 years wife of Late Nand Kishore Mahto 5. Shyam Sundar Mandal aged about 60 years son of Dhiren Mandal 6. Prashant Mandal aged about 37 years son of Pratap Kumar Mandal 7. Munilal Saha aged about 52 years son of Late Bhojal Saha 8. Tarun Kumar Mahto aged about 30 years son of Late Nand Kishore Mahto All residents of village Haldi Tola, P.O. Mahasinghpur, P.S. Rajmahal, District Sahibganj …… Petitioners Versus 1. The State of Jharkhand 2. Secretary, Revenue, Registration and Land Reforms Department, Government of Jharkhand, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi; 3. Deputy Commissioner, Sahibganj, P.O. and P.S. Sahibganj, District Sahibganj; 4. Deputy Collector Land Reforms, Sahibganj, P.O. and P.S. Sahibganj, District Sahibganj; 5. Circle Officer, Rajmahal, P.O. and P.S. Rajmahal, District Sahibganj. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioners : Mr. D. K. Rai, Advocate For the Resp.-State : Ms. Komal Tiwary, A.C to A.G --------- 06/Dated: 14 th August, 2025 1. The present writ petition has been filed for the following reliefs:- (a) for quashing of notices issued by the Circle Officer, Rajmahal vide memo no.454 dated 9.7.2022, memo no.817 dated 13.12.2022 and memo No.891 dated 31.12.2022 whereby and whereunder the - 1 - W.P.C No.1433 of 2023 2025:JHHC:23885 petitioners have been asked to remove the structure or else, the respondent authorities will remove it forcefully, (as contained in Annexure-5 series to this writ application) (b) for direction upon the respondents to stay the implementation of the aforesaid notices and not to proceed in this matter as the revision being RMR No.15 of 2022-23 is pending before the learned Commissioner, Santhal Pargana Division, Dumka. (c) for direction upon the respondent authorities and specially respondent no.5 to withdraw the memo dated 31.12.2022 as the same has been issued without waiting for the decision of the learned Revisional Court. 2. Description of land of the petitioners is as follows :- “Mauza – Mahasinghpur, Jamabandi No.-493, Dag No.1922, Area – 3 Bigha 10 Kattha 16 Dhur; Dag No.1923, Area – 18 Kattha 15 Dhur and Dag No.2068, Area – 1 Bigha 7 Kattha 17 Dhur.” 3. It has been submitted by the learned counsel for the petitioners that the revision is pending against the impugned order being R.M.R Case No.15 of 2022-23 and the said case has not been taken up till date. It has further been submitted that even the prayer for stay has been made in the revision. Instead of disposing the revision, the above order is sought to be implemented through the notice i.e. Annexure – 5, contained in Memo No.454 dated 09.07.2022, issued by the Circle Officer, Rajmahal. It has also been submitted that on the one hand the revision has been kept pending and on the other hand the authorities are bent upon to implement an adverse order. 4. Learned counsel for the State has not made any opposition to the argument made on behalf of the petitioners. 5. From the pleadings, it is evident that revision preferred by the petitioner is still pending. It is settled law that on the one hand keeping the revision pending and on the other hand - 2 - W.P.C No.1433 of 2023 2025:JHHC:23885 implementing the order against which the revision has been filed, is not acceptable in our legal system. 6. In view of the above fact, the present writ petition is, hereby, disposed of directing the respondents to take up the revision petition filed by the petitioners. 7. Till the revision is disposed of, the petitioners shall not be disturbed. 8. With above observation and direction, the present writ petition stands disposed of. 9. Pending interlocutory application, if any, stands disposed of. (Rajesh Kumar, J.) Ravi-Chandan/- - 3 - W.P.C No.1433 of 2023