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2026 DAILYLAW 19577 (JHR)

KAMDEO PANDIT v. THE STATE OF JHARKHAND, THROUGH THE CHIEF SECRETARY, GOVERNMENT OF JHARKHAND, RANCHI

WPC/4716/2026 · 2026-07-06

Sri Ananda Sen

body2026

Judgment text

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( 2026:JHHC:19756 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (C) No. 4716 of 2026 ----- Kamdeo Pandit, Aged about-57 years, Son of Late Chhota Saryu Pandit, Resident of Village-Dorahi, P.O.-Simra, P.S.: -Jasidih, District- Deoghar (Jharkhand) … Petitioner(s). Versus 1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O+P.S.-Dhurwa, District- Ranchi, Jharkhand. 2. The Principal Chief Conservation of Forest, Government of Jharkhand, Ranchi, Having its office at Van Bhawan Doranda, P.O+P.S.- Doranda, District- Ranchi, Jharkhand. 3. The Divisional Forest Officer (D.F.O.), Deoghar, Having its office at Deoghar, P.O+P.S- Deoghar, District- Deoghar, Jharkhand. 4. Range Forest Officer (RFO), Deoghar, Having its office at- Deoghar, P.O+P.S- Deoghar, District- Ranchi, Jharkhand. 5. Deputy Commissioner, Deoghar, Having its office at- Deoghar, P.O+P.S- Deoghar, District- Ranchi, Jharkhand. 6. The Sub-Divisional Officer, Deoghar, Having its office at- Deoghar, P.O+P.S- Deoghar, District- Ranchi, Jharkhand. 7. The Circle Officer, Deoghar, Having its office At- Deoghar, P.O.:- Deoghar, & P.S.: Deoghar, District: Deoghar, Jharkhand. … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Krishna Prajapati, Advocate For the respondent(s) : Mr. Ashutosh Anand, Advocate …...... 02/06.07.2026: 1. Learned counsel for the petitioner has approached this Court praying to restrain the forest department from interfering his possession over the land situated at Mauza-Dorahi, Khata No. 60/13, Plot No. 1481, Thana No. 630, Dag No. 1481, Area-4 Acres. 2. Learned counsel for the petitioner submits that petitioner is enjoying possession over the property in question since 1947 but now the forest ( 2026:JHHC:19756 ) 2 department is objecting his possession and is now making construction and has dispossessed him from his part of the land. 3. Learned counsel for the State submits that the land belongs to the Forest Department and there is no title in favour of the petitioner and his possession, if any, is illegal. 4. After hearing the parties, I find that in this writ petition the petitioner has claimed that the land was settled in his favour. On the basis of the settlement, the petitioner is claiming title. The settlement document has been brought on record as Annexure 1 but with the endorsement that the petitioner is not relying upon the said document. 5. Be that is may, the dispute is in respect of right, title and interest over the land in question. 6. The petitioner is claiming his right, title, interest & possession by virtue of some settlement which is opposed by the State, thus, the appropriate course of action for the petitioner is to approach the Civil Court by filing a suit. If a suit is filed, it will be open to the petitioner to file an application under Order XXXIX Rule 1 & 2 of CPC. 7. With the aforesaid liberty, this writ petition stands disposed of. (ANANDA SEN, J.) 06.07.2026 Rashmi/-