2026:JHHC:9683 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2071 of 2026 ---- 1. Baijnath Yadav son of Bhola Yadav 2. Ganesh Yadav son of Moti Yadav Both are resident of Village Bhaisadon, PO Bhaisadon, PS Balumath, Dist. – Latehar. 3. Virendra Yadav son of Bhuneshwar Yadav 4. Bal Krishna Yadav son of Bikram Yadav Both are resident of Village-Nagar, P.O.-Damodar, P.S.-Chandwa, Dist.- Latehar. 5. Amlesh Yadav son of Late Banshi Mahto 6. Manoj Yadav son of Late Bani Mahto Both are resident of Village-Bhaisadon, P.O.- Bhaisadon, P.S.- Balumath, Dist.- Latehar. .... Petitioners Versus 1. The Union of India through its Secretary, Ministry of Coal, Office at Central Secretariat, J687+9WB, Rajpath Area, New Delhi, P.O., P.S. & Dist. Central Delhi, New Delhi. 2. The State of Jharkhand. 3. The Secretary, Department of Land Revenue, Registration and Land Reforms, Office at Project Building, P.O. & P.S. Dhurwa, Dist. – Ranchi. 4. The Deputy Commissioner, Latehar, P.O., P.S. & District- Latehar. 5. The Circle Officer, Balumath, P.O. & P.S.- Balumath, District-Latehar. 6. Electro Steel Thermal Coal Limited, through its Managing Director, Office at 19 Camac Street, P.O., P.S. & Dist. Kolkata, West Bengal – 700017. … Respondents ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioners: Mr. Binod Kumar, Advocate Ms. Nanda Kumari, Advocate For the Respondents: Mr. Prashant Pallav, A.S.G.I. Mr. Shantanu Gupta, J.C. to AAG III ---- 02/02.04.2026 Heard learned Counsel appearing for the petitioners and learned counsel appearing for the Respondents. 2. By way of filing this writ petition under Article 226 of the 2026:JHHC:9683 -: 2 :- Constitution of India, petitioners pray for a mandamus directing the respondents, especially, private respondent No.6 to return the land of the petitioner, which, according to the petitioners, the respondent No.6 had acquired for the purpose of mining. 3. Learned counsel for the petitioners submits that the land was acquired for the purpose of mining, but no mining was undertaken, as the Coal Block allotted to the respondent No.6 was cancelled. He submits that in that view the land, which was conveyed to the respondent No.6, needs to be returned to the petitioners. During course of argument, learned counsel admits that the land was transferred by a sale deed, but as per him since the land was not utilized for the purpose for which it was conveyed, the land needs to be re- conveyed. 4. After hearing the parties, I have also gone through the records. 5. The lands pertaining to C.S. Khata No.52, 73, 30 and 75 comprising different plots measuring an area of 55.52 acres situated at Gram (Village) / Mouza Gerenja, P.S. Balumath, Dist. Latehar was conveyed to respondent No.6 M/s Electro Steel Thermal Coal Ltd. vide a registered sale deed dated 08.02.2008 (certified copy obtained on 08.09.2024). Once a land is conveyed by a proper sale deed, which is executed as per law, title gets transferred. By virtue of the sale deed executed by the executors, upon receipt of the consideration amount, the ownership and title of the land is now transferred in favour of respondent No.6, i.e., M/s Electro Steel Thermal Coal Ltd.. Once the title gets transferred to the purchaser, the only way to get the said land back is by executing another sale deed, if the purchaser agrees to sell the same. The High Court, by exercising jurisdiction under Article 226 of the Constitution of India, cannot direct re-conveyance of the land. 6. In this case, learned counsel for the petitioners argued that the land was acquired for the purpose of mining, but it is not correct. This particular piece of land was not acquired, rather was sold to respondent No.6 by virtue of a sale deed. It is the case of the petitioners that Coal Block was allotted to M/s Electro Steel Thermal Coal Ltd. and the acquisition was under the Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter referred to as the Act) and since the allocation of Coal Block in favour of M/s Electro Steel Thermal Coal Ltd. is cancelled, the surface right should also be returned to the original land owner, even if the said land was purchased by the respondent No.6. This proposition of the petitioner is also not accepted. The Coal Bearing Areas (Acquisition and Development) Act was promulgated in 1957 to 2026:JHHC:9683 -: 3 :- establish in the economic interest of India greater public control over the coal mining industry and its development by providing for the acquisition by the State of unworked land containing or likely to contain coal deposits or of rights in or over such land, for the extinguishment or modification of such rights accruing by virtue of any agreement, lease, licence or otherwise, and for matters connected therewith. Section 4 of the Act provides for preliminary notification with respect to prospect for coal in any area and powers of competent authorities thereupon. Section 4 reads as under: - “4. Preliminary notification respecting intention to prospect for coal in any area and powers of competent authorities thereupon.-(1) Whenever it appears to the Central Government that coal is likely to be obtained from land in any locality, it may, by notification in the Official Gazette, give notice of its intention to prospect for coal therein. (2) Every notification under sub-section (1) shall give a brief description of the land and state its approximate area. (3) On the issue of a notification under sub-section (1), it shall be lawful for the competent authority and for his servants and workmen- (a) to enter upon and survey any land in such locality; (b) to dig or bore into the sub-soil; (c) to do all other acts necessary to prospect for coal in the land; (d) to set out the boundaries of the land in which prospecting is proposed to be done and the intended line of the work, if any, proposed to be made thereon; (e) to mark such boundaries and line by placing marks; and (f) where otherwise the survey cannot be completed and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle; Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days’ notice in writing of his intention to do so. (4) In issuing a notification under this section the Central Government shall exclude therefrom that portion of any land in which coal mining operations are actually being carried on in conformity with the provisions of any enactment, rule or order for the time being in force or any premises on which any process ancillary to the getting, dressing or preparation for sale of coal obtained as a result of such operations is being carried on are situate.” Section 7 of the Act gives power to the Central Government to acquire land or rights in or over land notified under Section 4. Section 7 reads 2026:JHHC:9683 -: 4 :- as under:- “7. Power to acquire land or rights in or over land notified under section 4.-(1) If the Central Government is satisfied that coal is obtainable in the whole or any part of the land notified under sub-section (1) of section 4, it may, within a period of two years from the date of the said notification or within such further period not exceeding one year in the aggregate as the Central Government may specify in this behalf, by notification in the Official Gazette, give notice of its intention to acquire the whole or any part of the land or of any rights in or over such land, as the case may be. (2) If no notice to acquire the land or any rights in or over such land is given under sub-section (1) within the period allowed thereunder, the notification issued under sub- section (1) of section 4 shall cease to have effect on the expiration of three years from the date thereof.” Section 9 of the Act is a declaration of acquisition and Section 10 provides that the land so acquired will vest absolutely in the Central Government free from all encumbrances. Section 10 of the Act reads as under:- “10. Vesting of land or rights in Central Government. – (1) On the publication in the Official Gazette of the declaration under section 9, the land or the rights in or over the land, as the case may be, shall vest absolutely in the Central Government free from all encumbrances. (2) Where the rights under any mining lease granted or deemed to have been granted by a State Government to any person are acquired under this Act, the Central Government shall, on and from the date of such vesting, be deemed to have become the lessee of the State Government as if a mining lease under the Mineral Concession Rules had been granted by the State Government to the Central Government, the period thereof being the entire period for which such a lease could have been granted by the State Government under those rules.” 7. In this case, admittedly, the surface of the land was not acquired by the Central Government, rather the title of the surface was transferred by virtue of a sale deed by the owners of the lands to respondent No.6. Thus, in this case, there is no application of the Act. Even if for the sake of argument, it is admitted that the Act is applicable, the erstwhile land owners do not have any right to get return the said land by virtue of Section 10 of the Act. 8. Further, it is the case of the petitioners that the Coal Block was allocated to the respondent No.6 and the allocation was cancelled. Since in 2026:JHHC:9683 -: 5 :- this case the land was not acquired by the State or the Central Government, rather it was a simple conveyance by virtue of sale deed by the erstwhile owners of the land to the purchaser, i.e., respondent No.6, the petitioners have got no right of re-conveyance by filing this writ petition under Article 226 of the Constitution of India. 9. In view of the observations made in the foregoing paragraphs, I find no merit in this writ petition. This writ petition is, accordingly, dismissed. Pending interlocutory applications, if any, stand disposed of. (Ananda Sen, J.) Ranchi, Dated, 2nd April, 2026 Kumar/Cp-02 Uploaded on 08.04.2026