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2026 DAILYLAW 16495 (JHR)

NAYAN MISHRA ALIAS NAYAN DEVI v. THE STATE OF JHARKHAND

WPC/2440/2021 · 2026-06-12

Anubha Rawat Choudhary

body2026

Judgment text

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2026:JHHC:16982 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 2440 of 2021 Nayan Mishra @ Nayan Devi, Aged about- 59 years, Wife of Shri Anil Kumar Mishra, Resident of House No. 34/C, Ashok Nagar, Park Road, P.O. Ashok Nagar, P.S. Argora, District- Ranchi, Jharkhand. … … Petitioner Versus 1. The State of Jharkhand 2. The Superintendent of Police, Anti-Corruption Bureau, Govt. of Jharkhand, P.O. GPO & P.S. Gonda, District Ranchi 3. The Inspector of Police, Anti-Corruption Bureau, Govt. of Jharkhand, P.O. GPO & P.S. Gonda, District Ranchi 4. District Cooperative Officer, Govt. of Jharkhand, Vikas Bhawan, near Kuchary Chowk, P.O. GPO, P.S. Kotwarli, District Ranchi. 5. The Secretary, Services Housing Cooperative Society Ltd., Ashok Nagar, P.O. Ashok Nagar, P.S. Argora, District Ranchi, Jharkhand (834002) … … Respondents --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Bhanu Kumar (No.1), Advocate For the Respondents : Mr. Ritesh Ranjan, Advocate --- 11/12th June 2026 1. Learned counsel for the parties are present. 2. This writ petition has been filed for the following reliefs: - “(a) For issuance of an appropriate writ(s)/order(s)/direction(s) or a writ in the nature of certiorari for quashing of the letter dated 01.06.2021 (Annexure-7/1) issued by Respondent No.3 whereby the said authority on the basis of an anonymous complaint regarding alleged transfer of plot no. C/34 of Ashok Nagar to the petitioner, carried out an inquiry behind the back of the petitioner and held the petitioner guilty of violating clause 14(b) of the bylaws of the society and asked the Secretary of 2026:JHHC:16982 2 the society (Respondent no.5) to take necessary action on alleged transfer of plot, while considering :- i. Despite having no authority to look into the transfer/allotment/cancellation of plots in Ashok Nagar and despite knowing fully well that such power vests with the Services housing Cooperative Society Ltd., Respondent No. 3 not only hold the petitioner guilty of violating the clause of the bye-laws but also recommended for taking action/to cancel the transfer of plot by exceeding his jurisdiction. ii. The petitioner was never called for any clarification/submission of any explanation and in violation of principles of natural justice recorded his unilateral finding. (b) The petitioner further prays for quashing of the letter dated 09.06.2021(Annexure-7/2), contained in letter No.212 and issued by Respondent No.4 whereby, the said authority on the basis of letter dated 01.06.2021 of Respondent No.3, has also called upon the Secretary of the Society Respondent no. 5 to take necessary action with respect to transfer of plot to the petitioner that too without inviting any explanation from the petitioner or affording any opportunity to her. (c) For issuance of an appropriate writ(s)/order(s)/direction(s) or a writ in the nature of certiorari for quashing of the letter dated 19.06.2021 (Annexure-7) contained in letter no. 162 and issued under the signature of respondent no. 5 whereby and whereunder the petitioner on the basis of letter bearing no. 5005 dated 01.06.2021(Annexur-7/1) and issued by respondent no. 3 and letter no. 212 dated Annexure-7/2. 09.06.2021, issued by respondent no.4 on the subject "for cancellation/ necessary action with respect to transfer of plot no. 34/C, Ashok Nagar to the petitioner" has been show caused to explain the contents of the letter dated 01.06.2021 (Annexure-7/1), while considering the facts :- i. The said two respondents specially Respondent No.3 have initiated the enquiry on the basis of one anonymous complaint and conducted the same behind the back of the Petitioner and hold the transfer of plot to be violative 2026:JHHC:16982 3 of clause 14(b) of the bye-laws of the Society and recommended for taking action/steps for cancellation. ii. The said respondent no. 3 and 4 at no stage had ever noticed the petitioner during course of enquiry or to explain the contents of the said anonymous letter. iii. The author of letter dated 01.06.2021(Annexure 7/1) has already held the petitioner guilty for violation of bye laws of the society and has called upon respondent no.5 to take necessary action and Respondent No.5 without conducting any independent inquiry as per the bye-laws show caused the petitioner. iv. Respondent no.5 without conducting any independent enquiry as per their bye laws has simply forwarded the letters of respondent no. 3 and 4 to the petitioner who have already held the petitioner having violated the bye laws, so the show cause notice has been issued out of biasness and concerned authorities have come out with the pre-occupied mind and that too issued directly without giving any formal letter or show cause therefore, the show cause notice is nothing but merely a ritual or formality. (d) For restraining the respondent no.5 to take any action against the transfer of plot no. C/34 to the petitioner on the basis of letter dated 01.06.2021(Annexure-7/1), issued by respondent no.4 and letter dated 09.06.2021 (Annexure-7/2) issued by respondent no. 4. (e) To hold and declare the entire action of the absolute respondents to be illegal, arbitrary and malafide. Since, the petitioner was validly allotted the said plot and subsequently transferred through deed of conveyance and since the date of allotment the petitioner is regularly been paying the maintenance charges to the society and other statutory taxes to the Municipal Corporation. And/Or Pass such other order or orders as your Lordships may deem fit and proper in the interest of justice.” 3. Learned counsel for the petitioner seeks permission to withdraw this writ petition. 4. Learned counsel for the State has no objection to the prayer made for withdrawal. 2026:JHHC:16982 4 5. Accordingly, this writ petition is dismissed as withdrawn. 6. Pending I.A., if any, is closed. (Anubha Rawat Choudhary, J.) Dated: 12.06.2026 Uploaded On: Mukul/-