2026:JHHC:14777 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2655 of 2021 ------ 1. Motiraj Sewa Trust, the Permitted Assigns of MotiRaj Devi Trust, through its Secretary, Sri Parma Singh, S/o Late Jung Bahadur Singh, cum Secretary (Cambrian Public School), NRB No.9/LD/0009, P.O. & P.S. Dhurwa, District Ranchi-834004, R/o Anandgram, Lane No.1, P.O. & P.S. Morabadi, District Ranchi. 2. Sri Parma Singh, S/o Late Jung Bahadur Singh, Secretary, Motiraj Sewa Trust, Permitted Assigns of Moti Lal Devi Trust, cum Secretary, Cambrian Public School, NRB No.9/LD/0009, P.O. & P.S. Dhurwa, District Ranchi, 834004, R/o Anandgram Lane No.1, P.O. & P.S. Morabadi, District Ranchi. 3. Cambrian Public School, NRB No.9/LD/0009, through its Principal Sri Sushil Kumar S/o Sri Jagdish Singh, R/o New Pundag, Road No.7, Jagannathvihar, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi-834004. … … Petitioners Versus 1. The Union of India, through its Secretary, Department of Heavy Industry, Ministry of Heavy Industries and Public Enterprises, Government of India, Udyog Bhavan, P.O. & P.S. New Delhi, New Delhi. 2. The Heavy Engineering Corporation Limited, a Government of India Enterprise, through its Chairman-cum-Managing Director, Plant Plaza Road, P.O. & P.S. Dhurwa, District Ranchi. 3. The Chairman-cum-Managing Director, Heavy Engineering Corporation Limited, a Government of India Enterprise, Plant Plaza Road, P.O. & P.S. Dhurwa, Ranchi. 4. The Chief of Township, Heavy Engineering Corporation Limited, a Government of India Enterprise at Plant Plaza Road, P.O. & P.S. Dhurwa, Ranchi. 5. The Deputy General Manager, Town Administration Division, Heavy Engineering Corporation Limited, a Government of India Enterprise at Plant Plaza Road, P.O. & P.S. Dhurwa, Ranchi. 6. The Estate Officer, under P.P. Act, 1971, Heavy Engineering Corporation Limited, Room No.14-B, HQRS, Administrative Building, Plant Plaza Road, P.O. & P.S. Dhurwa, Ranchi. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Alok Anand, Advocate For the Respondent(s) : Mrs. Nitu Sinha, CGC Mr. Sonal Tiwary, AC to AG ------ 2026:JHHC:14777 2 10/ 13.05.2026 By filing this writ petition, the petitioners have prayed for the following reliefs:- “I. For issuance of a Writ in the nature of certiorari for quashing of the entire proceedings including the order dated 23.06.2021 as contained in Letter No. P.P. Act./ Order/2021-19 (Annexure-15) passed by the Learned Court of the Estate Officer under Sub section (2) of Section 5-A of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, whereby, the Petitioners have been directed to pay the damages and evict the scheduled premises within 15 days from the date of the publication of the order and further that the scheduled premises along with unauthorized constructions have been directed to be taken in possession by the Respondent Company through an authorized Officer of the Township Division/HEC and the cost borne by the Company if any for such eviction shall be recovered from the Petitioners as an arear of Land Revenue. II. For issuance of a further writ in the nature of certiorari for quashing of the Letter bearing Ref. No: TA/REV/147/2019/2021-185 dated 29.6.2021 (Annexure-15/A), whereby the petitioner no.2 has been directed to comply with the order dated 23.06.2021 passed by the Estate Officer by paying the damages and by removing the materials and persons from the Scheduled premises on or before 10.7.2021 failing which they will be evicted from the premises by HEC and the cost of such eviction shall be recovered from him. 2026:JHHC:14777 3 III. For issuance of a Writ in the nature of mandamus directing the Respondent Authorities not to evict the Petitioners in any manner whatsoever or dismantle any constructions of the Scheduled premises (Cambrian public School, Dhurwa) without giving the petitioners an opportunity to file show cause and an opportunity of personal hearing to them. IV. For issuance of a Writ in the nature of mandamus directing the Respondent Authorities to enter into a long term lease of 30 or 90 years with the Petitioners and not to charge exorbitant rent contrary to the terms and conditions of the contract earlier entered into between the parties and without the mandate of law. V. Pending final adjudication of this writ application, implementation, operation and all further exercises in pursuance of the above stated order dated 23.06.2021 as contained in Letter No. P.P. Act./ Order/ 2021-19 passed by the Learned Court of The Estate Officer under Sub Section (2) of Section 5-A of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 along with Letter bearing Ref. No: TA/REV/147/2019/2021-185 dated 29.6.2021 issued by the HEC under the seal and signature of Respondent no.5, may kindly be stayed and the Respondent authorities or any agencies acting through them may be restrained from taking any coercive actions against the petitioners.” 2. Heard learned counsel representing the petitioners and learned counsel representing the respondents. 2026:JHHC:14777 4 3. Admittedly, the aforesaid impugned order is passed under Sub Section (2) of Section 5-A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as “Act of 1971”). 4. The order passed under Sub Section (2) of Section 5-A of the Act of 1971, is appealable under Section 9 of the Act of 1971. 5. Since there is a remedy of Statutory Appeal available to the petitioners and the Appellate Authority can very well appreciate the facts and the law, I am not inclined to entertain this writ petition filed under Article 226 of the Constitution of India. 6. The petitioners should file an appropriate Appeal before the Appellate Authority, who will dispose the Appeal after hearing the parties on merits. 7. It is made clear that if any application under Section 5 read with Section 14 of the Limitation Act is filed, the same will be considered sympathetically, taking into consideration that this writ petition was filed before this Court. 8. At this stage, the petitioners pray that till the date they file an Appeal, some interim relief be granted to them. 9. So far as the interim relief sought for by the petitioners is concerned, once the Court declines to entertain a writ petition in exercise of its jurisdiction under Article 226 of the Constitution of India, it is impermissible to the Court to pass any interim order, thus no interim relief can be granted in this case. 9.1. In this context, it is necessary to refer a judgment of 2026:JHHC:14777 5 the Hon’ble Supreme Court in the case of Mangal Rajendra Kamthe Vs. Tahsildar, Purandhar & Ors. reported in 2026 SCC OnLine SC 297, at para-6, has held as hereunder:- “6. It is settled law that once the high court, upon application of mind, declines to entertain a writ petition in the exercise of its discretionary jurisdiction on the ground that an efficacious alternative remedy for grant of relief is available but such remedy has not been pursued by the petitioner, the proceedings do not survive and must draw to an end then and there; however, in such a circumstance when no final relief can effectively be granted on the petition, it is impermissible to pass an order in the nature of an interim relief [ either by granting stay of operation of the order under challenge or by directing status quo to be maintained] till such time the aggrieved petitioner approaches the alternative forum. Such an order, as and when passed, would be in the teeth of a Constitution Bench decision of this Court in State of Orissa v. Madan Gopal Rungta.” 10. With the aforesaid observation, this writ petition stands disposed of. 11. Pending interlocutory application being I.A. No.6569 of 2026, also stands disposed of. (ANANDA SEN, J.) 13th May, 2026 Prashant. Cp-2 Uploaded on 16.05.2026