Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.3452 of 2020
Pampa Shakha wife of Late Santosh Kumar Sakha resident of Tetulmari Station Road, P.O. and P.S. Tetulmari, District: Dhanbad
…. Petitioner(s)
Versus
1. The Chairman, Coal India Limited, New Town, Rajarhat, P.O. and P.S.: Rajarhat, District: Kolkata, West Bengal-700156.
2. Chairman cum Managing Director, M/S Bharat Coking Coal Limited, Koyla Bhawan, Koyla Nagar, P.O. and P.S.: Saraidhela, District: Dhanbad, Jharkhand-826005.
3. General Manager (Estate), M/S Bharat Coking Coal Limited (BCCL), Koyla Bhawan, Koyla Nagar, P.O. and P.S.: Saraidhela, District: Dhanbad, Jharkhand-826005.
4. The General Manager, Area III/ BCCL, Bilbera House, P.Ο.: Sonardih, P.S.: Sonardih, District: Dhanbad, Jharkhand-828125.
5. The Area Manager (Estate), Area III/ BCCL, Bilbera House, P.O. and P.S.: Sonardih, District: Dhanbad, Jharkhand-828125.
6. Circle Officer, Baghmara, P.O. and P.S.: Baghmara, District: Dhanbad, Jharkhand-828306.
7. Debasish Chatterjee.
8. Karunasish Chatterjee.
9. Barunasish Chatterjee. Respondents No. 7 to 9 are sons of Late Bhut Nath Chatterjee.
10. Nanda Rani Chatterjee W/O Late Parwati Nath Chatterjee.
11. Uttam Chatterjee S/O Late Parwati Nath Chatterjee.
12. Bishwajit Chatterjee S/O Late Parwati Nath Chatterjee.
13. Dwarikanath Chatterjee S/O Late Parwati Nath Chatterjee. Respondents No. 7 to 13 are resident of Mahathatand, P.O. Kharkari, P.S.: Mahuda, District: Dhanbad, Jharkhand-828125.
14. Thuru Mukherjee alias Shova Mukherjee W/O Shree Mantu Mukherjee and D/O Late Parwati Nath Chatterjee resident of Sinidih, P.O. and P.S.: Sinidih, District: Jharkhand, Ranchi-828125.
15. Sudha Banerjee W/O Shree Durga Das Banerjee and D/O Late Parwati Nath Chatterjee resident of Salboni, P.O. and P.S.: Salboni, District: Midnapur, West Bengal-721129.
16. Mona Bhattacharya W/O Shree Sushant Bhattacharya and D/O Late Parwati Nath Chatterjee resident of Village Katwa, P.O. and P.S.: Katwa, District: Burbhwan, West Bengal-713150.
17. Rani Mukherjee W/O Shree Amiyo Mukherjee and D/O Late Parwati Nath Chatterjee resident of village Lagda, P.O. and P.S.: Purulia, District: Purulia, West Bengal-723149.
18. Ashok Mukherjee Son in law of Late Parwati Nath Chatterjee and husband Late Madhumita Mukherjee.
19. Rappa Mukherjee Nati of Late Parwati Nath Chatterjee and son of Late Madhumita Mukherjee. Respondent No. 18 and 19 are resident of Village Maheshpur, P.O.: Maheshpur, Kharkharee, District: Dhanbad, Jharkhand-828125.
… Respondent(s)
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CORAM: SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Jitendra Kr. Pasari, Advocate
For the State
: Mr.Vineet Prakash, AC to SC-IV For BCCL: Ms. Prerna Jhunjhunwala, AC to Advocate Indrajit Sinha
------
8/29.04.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the Bharat Cooking Coal Limited.
2. The petitioner in this writ petition prays for
“direction upon the Respondent No. 3 to 5 to show cause as to how they purchased the land of the petitioner from Respondent No. 7 to 9 and Parwati Nath Chatterjee without demanding any sale deed in favour of the Respondent No. 7 to 9 and Parwati Nath Chatterjee for the land in question which is must for purchasing of any land in the eyes of law and in absence of the same, a smell of conspiracy between the Respondent No. 3 to 5 and Respondent No. 7 to 9 and Parwati Nath Chatterjee has come out and the petitioner further prays for an appropriate/ writ/ direction may be issued for the departmental proceeding against the Respondent No. 3 to 5, for such misconduct/conspiracy since due to said illegal act of the Respondent No. 3 to 5 the benefit of the land of petitioner has been given to the Respondent No. 7 to 9 and Parwati Nath Chatterjee by providing the employment for the said land in question and any other appropriate writ/writs be issued, direction/directions be made, order/orders be passed as Your Lordships may deem fit and proper for doing conscionable and equitable justice to the petitioner.”
3. From the petition and the prayer, itself, it is clear that the
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petitioner is challenging the transfer of the land in favor of Bharat Coking Coal Limited by respondent No.7 to 9 and one Parvati Nath Chatterjee.
4.
Learned counsel appearing for Bharat Coking Coal Limited submits that the land was transferred by a registered sale deed on 31/3/1980 and the said deed was sought to be canceled by the petitioner's mother by filing a suit being Title Suit No. 2 of 2015, but the said suit was also dismissed for default.
5. Any transfer of land if one wants to be challenged, the said should be challenged by filing a suit before the competent Civil Court. The writ court does not normally entertain these types of disputes where the sale deeds are challenged. In this case, it is submitted by the respondent that the suit was filed but the said suit was dismissed. Further the petitioner has made prayer to initiate departmental proceeding against the respondent who is involved in the said transaction. This prayer of the petitioner also cannot be entertained in this writ petition as there is nothing to suggest that the said sale was bad or the transfer is made malafidely. The relief which is claimed by the petitioner cannot be granted in this writ petition filed under Article 226 of the Constitution.
6. Accordingly, this writ petition is dismissed.
(ANANDA SEN, J.) 29.04.2026 R.Kumar Uploaded on 12.05.2026