THOMAS LUGUN v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY
WPC/2117/2026 · 2026-05-11
Sri Ananda Sen
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 12681 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12681 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:14209 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2117 of 2026
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1. Thomas Lugun, Son Of Late Lalu Munda, Village-tapin North 41 No. Basti, Post- Tapin, P.S.-charhi, District-ramgarh,
2. Sukra Oraon, Son Of Dirpu Oraon, R/o Village - Tapin North 41 No. Basti, P.o. - Tapin, P.S. - Charhi, District: Ramgarh, Jharkhand
3. Agadha Kogado, Daughter Of Andharyas Kogado, Wife Of Bimal Munda, Ro Village - Tapin North 41 No. Basti, P.O. - Tapin, P.S. - Charhi, District: Ramgarh, State: Jharkhand
4. Asrita Devi, Spouse Of Umesh Oraon, Ro Village - Tapin North 41 No. Basti, P.O. - Tapin, P.S. - Charhi, District: Ramgarh, Jharkhand
5. Damodar Ravidas, Son Of Late Puran Ravidas, R/o Village – Tapin North 41 No, P.O. - Tapin., P.S. - Charhi, District: Ramgarh, State: Jharkhand
6. Nemdhari Prajapati, Son Of Late Braj Mohan Prajapati, R/o Village - Tapin North 41 No., P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
7. Sano Kumar, Son Of Baleshwar Bhuiya, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
8. Jai Kishun Ganjhu, Son Of Late Phudan Ganjhu, R/o- Village - Tapin, P.O. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
9. Habil Munda, Son Of Late Salim Jadia, R/o Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
10. Geeta Devi, Spouse Of Nanku Ram, R/o Village - Tapin North 41 No. Basti, Near High School, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State:Jharkhand
11. Chhattu Ganjhu, Son Of Late Dharma Ghanjhu, R/o Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
12. Kaleshwar Prajapati, Son Of Late Lakhi Prajapati, R/o Village - Tapin North 41 No., P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
13. Khemlal Bhuiya, Son Of Late Tupa Bhuiya, Aged About 46 Years, R/o Village - Tapin North 41 No. Basti, P.O. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
14. Agadha Kogado, Spouse Of Bimal Munda, Aged About 30 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
15.
Gerald Bund, Son Of Late Bhiktor Budh Alias Francis Munda, Aged About 36 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
16. Milan Prajapati, Son Of Bhudgu Prajapati, Aged About 46 Years, Ro Village - Tapin 41 No., P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
17. Suresh Kumar Ravi, Son Of Dhaneshwar Ravidas, Ro Village - Tapin North 41 No., P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
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18. Prasad Bhuiya, Son Of Rotan Bhuiya, Aged About 45 Years, Ro Village - Tapin 41 No. Basti, P.o. - Tapin, Police Station: Charhi, District: Hazaribag, State: Jharkhand
19. Etwari Horo, Spouse Of Mr. Bimal Horo, Aged About 50 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
20. Deepak Ganjhu, Son Of Late Phulchand Ganjhu, Aged About 35 Years, Ro Village - Tapin, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
21. Bajrang Mallah, Son Of Dwarika Mallah, Aged About 43 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
22. Grace Mary Bage, Spouse Of Mr. Xavier Barla, Aged About 44 Years, Ro Village - Tapin 41 No., P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
23. Santosh Kumar Bhuiya, Son of Late Kuldeep Bhuiya, Aged About 29 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
24. Shibu Kumar, Son Of Umesh Prajapati, Aged About 29 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
25. Mrs. Sumia Devi, Spouse Of Raju Nayak, Aged About 48 Years, Ro Village - Tapin 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
26.
Jagmohan Ganjhu, Son Of Late Thakur Ganjhu, Aged About 44 Years, Ro Village - Tapin, P.o. - Tapin, Police Station: Charhi, District: Hazaribag, State: Jharkhand
27. Devanti Devi, Spouse Of Late Kuleshwar Mahato, Aged About 34 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
28. Kishun Prajapati, Son of Late Kartik Prajapati, Aged About 51 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
29. Chand Muni Devi, Spouse Of Late Ganesh Munda, Aged About 37 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
30. Santosh Kumar, Son Of Late Hemlal Ganjhu, Aged About 26 Years, Ro Village - Tapin, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
31. Chandan Lakra, Son Of Chhotan Oraon, Aged About 32 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
32. Khakhun Ravidas, Son Of Late Puran Ravids, Aged About 48 Years, Ro Village - 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
33. Suman Devi, Spouse Of Late Nago Ravidas, Aged About 42 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
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34. Chetalal Ravidas, Son Of Late Bisheswar Ravids, Aged About 43 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
35. Mohan Ravidas, Son Of Late Bisheswar Ravids, Aged About 37 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
36. Arjun Ravidas, Son Of Late Bisheswar Ravids, Aged About 35 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State:Jharkhand
37.
Dhaneshwari Devi, Spouse Of Late Bisheswar Ravids, Aged About 59 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
38. Raju Ravidas, Son Of Late Bisheswar Ravids, Aged About 39 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
39. Prakash Bhuiyan, Son Of Late Rameshwar Bhuiyan, Aged About 37 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
40. Rajkumar Bhuiyan, Son Of Late Rameshwar Bhuiyan, Aged About 30 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
41. Sumitra Devi, Spouse Of Pusan Ganjhu, Aged About 55 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
42. Manoj Kumar, Son Of Pusan Ganjhu, Aged About 32 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
43. Rajesh Kumar, Son Of Pusan Ganjhu, Aged About 30 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
44. Umesh Kumar, Son Of Pusan Ganjhu, Aged About 23 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
45. Mahavir Munda, Son Of Late Madwari Munda, Aged About 58 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
46. Binod Munda, Son Of Mahavir Munda, Aged About 38 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
47. Anil Munda, Son Of Mahavir Munda, Aged About 26 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State:Jharkhand
48.
Chotan Orawn, Son Of Late Manga Orawn, Aged About 55 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
49. Punam Lakra, Spouse Of Bimal Orawn, Aged About 32 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
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50. Umesh Prajapati, Son Of Late Kaila Prajapati, Aged About 71 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
51. Upasi Devi, Spouse Of Late Tuleshwar Prajapati, Aged About 53 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
52. Arti Devi, Spouse Of Late Naresh Prajapati, Aged About 37 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
53. Sumitra Devi, Spouse Of Late Ramlal Prajapati, Aged About 31 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
54. Shivcharan Kumar, Son Of Late Brajmohan Kumar, Aged About 52 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
55. Mansu Prajapati, Son Of Late Brajmohan Kumar, Aged About 45 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
56. Rajesh Kumar, Son Of Shivcharan Prajapati, Aged About 32 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
57. Ajay Kumar, Son Of Shivcharan Prajapati, Aged About 34 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
58. Ravi Bhuiyan, Son Of Late Kuldeep Bhuiyan, Aged About 41 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
59.
Kavi Bhuiyan, Son Of Late Kuldeep Bhuiyan, Aged About 34 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, Mandu, District: Ramgarh, State: Jharkhand
60. Kabiya Devi, Spouse Of Late Mani Bhuiyan, Aged About 61 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
61. Arjun Bhuiyan, Son Of Late Mani Bhuiyan, Aged About 44 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
62. Sarju Bhuiyan, Son Of Late Mani Bhuiyan, Aged About 42 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
63. Bhola Bhuiyan, Son Of Late Bishun Bhuiyan, Aged About 52 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
64. Vicky Kumar, Son Of Bhola Bhuiyan, Aged About 25 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State:Jharkhand
65. Summi Kumari, Spouse Of Birbal Minj, Aged About 32 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
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66. Manoj Orawn, Son Of Late Paran Orawn, Aged About 33 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
67. Geeta Kujur, Son Of Late Kandru Orawn, Aged About 30 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
68. Umesh Bhuiyan, Son Of Nakul Bhuiyan, Aged About 30 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
69. Dheeraj Kumar Ganjhu, Son Of Jaikishun Ganjhun, Aged About 28 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
70.
Subhash Ganjhu, Son Of Jaikishun Ganjhun, Aged About 30 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
71. Birja Ganjhu, Son Of Late Babaliya Ganjhun, Aged About 38 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
72. Umesh Ganjhu, Son Of Jaikishun Ganjhun, Aged About 23 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
73. Dhaneshwar Ravidas, Son Of Late Bushan Ravidas, Aged About 70 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
74. Devnarayan Kumar Ravi, Son Of Dhaneshwar Ravidas, Aged About 36 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
75. Sanjay Kumar, Son Of Late Beni Bhuiyan, Aged About 31 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
76. Shanti Devi, Spouse Of Late Naresh Bhuiyan, Aged About 47 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
77. Geeta Devi, Spouse Of Late Binod Bhuiyan, Aged About 47 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
78. Willium Munda, Son Of Late Lalu Munda, Aged About 51 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
79. Anmol Lugun, Son Of Seve Munda, Aged About 27 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
80. Etwari Devi, Spouse Of Dirpu Orawn, Aged About 54 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
81.
Bijay Orawn, Son Of Dirpu Orawn, Aged About 28 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State:Jharkhand
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82. Neha Devi, Spouse Of Late Shivnath Nayak, Aged About 34 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
83. Ashok Bhuiyan, Son Of Ritan Bhuiyan, Aged About 38 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
84. Sanjay Bhuiyan, Son Of Ritan Bhuiyan, Aged About 34 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
85. Manoj Kumar, Son Of Ritan Bhuiyan, Aged About 30 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
86. Vikas Kumar, Son Of Ritan Bhuiyan, Aged About 29 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
87. Rangeela Kumar, Son Of Ritan Bhuiyan, Aged About 28 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
88. Bhola Mallah, Son Of Late Dwarika Mallah, Aged About 42 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
89. Francis Jadiya, Son Of Late Slam Munda, Aged About 45 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
90. Malti Devi, Spouse Of Late Birju Bhuiyan, Aged About 53 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
91. Mithlesh Orawn, Son Of Late Somra Orawn, Aged About 42 Years, Ro Village - Tapin North 41 No. Basti, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
.. .. ..Petitioner --VERSUS--
1.
The State Of Jharkhand Through The Chief Secretary Government Of Jharkhand, Project Bhawan, P.o.-dhurwa, Police Station: Dhurwa, District: Ranchi, State: Jharkhand
2. The Principal Secretary, Department Of Welfare Of Scheduled Tribes And Other Traditional Forest, Dwellers, Government Of Jharkhand, Project Bhawan, P.o. - Dhurwa, Police Station: Dhurwa, District: Ranchi, State: Jharkhand
3. The Principal Secretary, Department Of Home, Jail And Disaster Management, Government Of Jharkhand, Project Bhawan, P.o. - Dhurwa, Police Station: Dhurwa, District: Ranchi, State: Jharkhand
4. The Deputy Commissioner, Ramgarh, P.o. - Ramgarh, Police Station: Ramgarh, District: Ramgarh, State: Jharkhand
5. The Superintendent Of Police, Ramgarh, P.o. - Ramgarh, Police Station: Ramgarh, District: Ramgarh, State: Jharkhand
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6. The Project Officer, Tapin North Project, Central Coalfield Limited, P.o. - Tapin, P.s. - Charhi, District: Ramgarh, State: Jharkhand
7. The Chief General Manager, Central Coalfield Limited, G. M. Office, Charhi, P.o. - Charhi, Police Station: Charhi, District: Hazaribag, State: Jharkhand
8. The Mining Manager, Tapin North Project, Central Coalfield Limited, P.o. - Charhi, Police Station: Charhi, District: Hazaribag, State: Jharkhand
9. The Ministry Of Coal, Government Of India Through Its Secretary, Shastri Bhavan, P.o. - Parliament Street, P.s. - Parliament Street, New Delhi
10. The Ministry Of Tribal Affairs, Government Of India, Through Its Secretary, Shastri Bhavan, P.o. - Parliament Street, P.s. - Parliament Street, New Delhi
11. The Superintendent Of Police, Hazaribagh, P.o. - Hazaribagh, Police Station: Hazaribagh Muffasil, District: Hazaribag, State: Jharkhand
12. Officer Incharge, Charhi Police Station, P.o. - Charhi, Police Station: Charhi, District: Hazaribag, State: Jharkhand
13. Central Coalfield Limited Through Its Chairman-cum-managing Director, Office At Darbhanga House, Ranchi, P.o. - Kotwali, Police Station: Kotwali, District: Ranchi, State: Jharkhand
14. The Director (personnel), Central Coalfield Limited, Office At Darbhanga House, Ranchi, P.o. - Kotwali, Police Station: Kotwali, District: Ranchi, State: Jharkhand
15. The General Manager (P & IR), Central Coalfield Limited, Office At Darbhanga House, Ranchi, P.o. - Kotwali, Police Station: Kotwali, District: Ranchi, State: Jharkhand
… Respondent(s). ------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Shiv Prasad Singh, Advocate For the State
: Mr. Ankit Kumar, AC to SC- I For the Resp-CCL : Mr. Abhishek Choudhary, Advocate
…...... 06/11.05.2026: Heard, learned counsel for the parties. 2. By way of filing this writ petition, the petitioner has sought for issuance of appropriate writ(s) / order(s) / direction(s), particularly – a) In the nature of a declaration that forcible eviction of the petitioners from their residential houses without following the due process of law regarding their rehabilitation & resettlement is illegal; b) In the nature of a declaration that the forcible eviction of the petitioners without their rehabilitation and resettlement would amount to violation of the Rehabilitation and Resettlement Policy, 2008 of the State of Jharkhand. c) In the nature of a declaration that the forcible eviction of the petitioners without their rehabilitation and resettlement would amount to violation of the Rehabilitation & Resettlement Policy, 2012 of the Coal India Limited. 2026:JHHC:14209 8
d) In the nature of a declaration that to evict the petitioners from their place of residence without their rehabilitation and resettlement would amount to violation of sections 3 (g) of the Scheduled Caste and Scheduled Tribes (Atrocities) Act, 1989. e) In the nature of mandamus commanding upon the Respondents to follow the due process of law in case of involuntary eviction of the petitioners from their residential houses in which they have been living for generations; f) In the nature of a declaration that the eviction of the petitioners from their houses in which they have been residing since long would amount to violation of their right to life with dignity as guaranteed under Article 21 of the Constitution of India; g) In the nature of direction to the Respondents prohibiting them to interfere with the peaceful possession of the petitioners over their residential houses unless the petitioners are rehabilitated and resettled by following the due process of law;
3. The fact of the case is that the petitioners are residents of 41 No. Basti (Colony) of Tapin North village, Mandu, Ramgarh, where their families have lived since the 1960s and 1970s, working in the coal mines. Following nationalization of the mines and takeover by CCL in 1983, they continued residing there for over 50 years.
The petitioners received eviction notices from CCL alleging illegal occupation and were later asked to submit proof of residence prior to 1983, which they provided. They allege that CCL officials attempted forcible eviction, damaged their property, assaulted residents, and lodged criminal cases against some of them. The petitioners claim that they are being threatened with displacement without proper rehabilitation and resettlement. 4.
Learned counsel for the petitioner submits that the petitioners submit that they have acquired the status of long-term residents and cannot be evicted without proper rehabilitation and resettlement. He further submits that according to the Jharkhand Government policy on Rehabilitation and Resettlement, it protects persons residing continuously for long periods from eviction without rehabilitation. He also submits that according to Rehabilitation and Resettlement Policy of Coal India Limited, 2012, the petitioners qualify as “affected families” and are entitled to rehabilitation benefits. He further submits that the actions of the respondents violate the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as members of Scheduled Castes and Scheduled
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Tribes cannot be wrongfully dispossessed or falsely implicated in criminal cases.
5.
Learned counsel for the respondents submits that the petitioners have wrongly claimed ownership and rights over land at Tapin North, which was already acquired by Central Coalfields Limited for mining purposes. The petitioners are unauthorized occupants living on CCL land and were repeatedly given notices to vacate the area. He further submits that petitioners allegedly failed to provide proof and valid documents that they or their families had been living there before 1983 in order to receive benefits under the Rehabilitation and Resettlement (R&R) Policy. He also submits that the petitioners are unauthorizedly living in 41 number Basti (colony) of the Tapin North Village, which is acquired land of Central Coalfields Limited for mining purpose. 6. On the repeated query made by this Court, the learned counsel admits that the petitioners are neither the land owner nor does the land belong to them or their ancestor. They also could not produce any authority based on which they are occupying the land. It is their case that since they had constructed some house and are residing there, they need to be rehabilitated before they are evicted. 7. From the submission of the learned counsel for the petitioner it is quite clear that the petitioner are encroachers. The encroachers if they are evicted should not be given any privilege. 8. From the submission of the parties and upon perusal of the records, I find that the land in question is already acquired by Central Coalfields Limited for mining purposes and the petitioners have failed to place any material on record to establish their ownership or lawful right over the land. Simply living on the land does not automatically give any legal right over it. 9. Considering the aforesaid facts of the case, I am of the view that CCL had already given notices to vacate the land and opportunities to submit proof in support of their claim for rehabilitation and resettlement benefits under the applicable policies. However, the petitioners have failed to furnish any documents proving their eligibility under the Rehabilitation and
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Resettlement Policy, 2008 of the State of Jharkhand or the Rehabilitation and Resettlement Policy, 2012 of Coal India Limited. Thus, no enforceable right can be claimed by the petitioners for rehabilitation and resettlement. Therefore, the Court is not willing to interfere in this case. 10. Accordingly, the writ petition is dismissed.
(ANANDA SEN, J.) 11th May, 2026 R.S./ Uploaded on 15/05/2026