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High Court of Jharkhand · body

2026 DAILYLAW 19805 (JHR)

SUDHA DEVI v. THE STATE OF JHAKHAND

WPC/834/2025 · 2026-07-09

Sri Ananda Sen

body2026

Judgment text

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( 2026:JHHC:20426 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (C) No. 834 of 2025 ---- Sudha Devi W/o Ajay Singh aged-about 41 years Resident of Village- Sihodih P.O.-Sirsiya P.S.-Giridih (M) Dist.-Giridih … Petitioner(s). Versus 1. The State of Jharkhand. 2. The Chief Secretary, Govt. of Jharkhand, project building Dhurwa, P.O. & P.S.-Dhurwa, Dist.-Ranchi. 3. The Principal Secretary, Revenue and Land Reforms Govt. of Jharkhand project building Dhurwa, P.O. & P.S.-Dhurwa, Dist. Ranchi. 4. The Deputy Commissioner, Giridih, P.O. & P.S. Giridih, Dist.-Giridih. 5. The Superintendent of Police, Giridih P.O. & P.S. Giridih, Dist.-Giridih 6. The SDO, Giridih, P.O. & P.S.-Giridih, Dist.-Giridih. 7. The Circle Officer, Giridih, P.O. & P.S. Giridih, Dist.-Giridih. 8. Ravi Bhushan Kumar S/o not known to the petitioner, the then Circle Officer Giridih Block at present posted as Circle Officer Baghmara Block Dhanbad, P.O. & P.S.-Baghmara, Dist.-Dhanbad. 9. Goutam Kumar S/o no known to the petitioner Karamchari Halka 8 Sihodih, P.O. & P.S.-Giridih, Dist.-Giridih. 10. Ajay Yadav S/o not known to the petitioner Anchal Amin of Block Giridih, P.O. & P.S.-Giridih, Dist.-Giridih. 11. Papi Singh @ Pradeep Singh S/o Late Sambhu Singh Village-Sihodih P.O.-Sirsiya P.S.-Giridih (M) Dist.-Giridih. … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Lakhan Chandra Roy, Advocate For the respondent(s) : Mr. Govind Ray Karan, Advocate For the State : Mr. Zaid Imam, A.C. to S.C.-VII : Mr. Z.A. Khan, A.C. to S.C.-VII : Mr. Ankur Anand, Advocate. …...... 07/09.07.2026: 1. Heard the parties. 2. The prayer of the petitioner is as follows:- ( 2026:JHHC:20426 ) 2 “For issuance of a writ in the nature of writ of mandamus to direct the respondents to carve out the land of the petitioner by proper measurement through the Amin bearing Mouza Sihodih, Thana Giridih, Khata No. 02 plot No. 512 area about 45.1/4 decimal which has registered in the name of father of the petitioner namely Bhola Singh Son of Mahavir Singh through registered sale deed bearing deed no. 13039 in the year 1982 (ii) For issuance of a writ in the nature of writ of mandamus to direct the respondents to remove the encroachment from the land of the petitioner which has encroached by the private respondents with the connivance of official respondents being respondent no. 7-10 (iii) For issuance of a writ in the nature of writ of mandamus to direct the respondents mainly respondent No. 4 to take appropriate action against the respondent No. 7 to 10 those who have by creating false documents, issuing the land possession certificate in favor of the respondent No. 11 inserting the khata No. 56 plot No. 605 and 604 and have selling the land of Khata No. 2 plot No. 512 because the khata No. 56 plot No. 604 and 605 have no land left for sale and they have issuing land possession certificate of more area of land from actually which have (iv) For issuance of any other appropriates Writ(s) Direction(s) Order(s) as Your Lordship may deem fit and proper in the facts of circumstances of the case”. 3. It is the grievance of the petitioner that the Circle Officer has issued Land Possession Certificate in favour of the private respondents showing an area, more than the actual area which is there in the Khatiyan. He further submits that private respondents have encroached upon the land of the petitioner in Khata No. 2 Plot No. 512, thana Giridih area 45.25 decimal, by virtue of the said Land, Possession Certificate and thus, in fact, they dispossess the petitioner. He further submits that on the basis of the said Land, Possession ( 2026:JHHC:20426 ) 3 Certificate, the sale deed was executed for more than the actual land which was available. 4. Considering the submission of the petitioner and the prayer made in the writ petition and the statement made therein, it is quite clear that the dispute is in respect of the right, title and possession of land in question. It is also to be decided as to whether the land in excess of the actually recorded land has been transferred or not. All these disputed question of facts cannot be decided in an application under Article 226 of the Constitution of India. Thus, the petitioner should approach the Civil Court of appropriate jurisdiction. 5. Accordingly, this writ petition stands disposed of. Pending I.A. shall stands disposed of. (ANANDA SEN, J.) 09.07.2026 Rashmi/-