NITA DEVI v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVERNMENT OF JHARKHAND
WPC/4970/2025 · 2026-07-08
Sri Ananda Sen
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 20158 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20158 (JHR) · dailylaw.ai ]
Judgment text
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.4970 of 2025 ------ Nita Devi, wife of Shri Binod Kumar Kansari, resident of MIG House No.HI-284, Harmu Housing Colony, P.O. & P.S. Argora, District Ranchi, Jharkhand. … … Petitioner Versus
1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, Project Building, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi, Jharkhand.
2. Jharkhand State Housing Board, through its Managing Director, Harmu Housing Colony, Harmu, Ranchi, P.O. & P.S. Argora, District Ranchi, Jharkhand.
3. The Competent Authority, Jharkhand State Housing Board, Ranchi, Harmu Housing Colony, P.O. & P.S. Argora, District Ranchi, Jharkhand.
4. The Estate Officer, Jharkhand State Housing Board, Harmu Housing Colony, P.O. & P.S. Argora, District Ranchi, Jharkhand.
5. The Executive Engineer, Jharkhand State Housing Board, Ranchi Division, Harmu Housing Colony, P.O. & P.S. Argora, District Ranchi, Jharkhand.
6. Roshni Kumari Bando, daughter of Late Kajru Uraon, resident of Kokar Chuna Bhatta, P.O. & P.S. Lalpur, District Ranchi, Jharkhand. … … Respondents ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Rashi Sharma, Advocate
Ms. Ruhi Dubey, Advocate
Mr. Deepak Kr. Dubey, Advocate
For the Respondent(s) : Mr. Sachin Kumar, Advocate
Mr. Vishal Kumar Rai, Advocate
Mrs. Sunita Kumari, AC to Sr. SC-II ------
04/ 08.07.2026
By filing this writ petition, the petitioner has prayed for the following reliefs:-
"i. For issuance of an appropriate writ(s)/ order(s) and / or direction(s) particularly a writ in the nature of Mandamus commanding upon the concerned respondent to immediately and forthwith make arrangement for functioning the Appellate Tribunal Urban Development &
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Housing Department, Government of Jharkhand at Ranchi as this Ld. Tribunal is not functioning since last one year and due to this the person aggrieved against the order passed by the competent authority under section 59 of the Jharkhand State Housing Board Act, cannot avail the Appellate Jurisdiction under section 60, the petitioner is also aggrieved by the order of the Competent Authority passed on 03.03.2025 passed in Eviction Case No.78/2023 passed under section 59 of the Jharkhand State Housing Board Act, cannot avail the Appellate Jurisdiction due to non-functioning of the Ld. Appellate Tribunal. ii. For issuance of an appropriate writ(s)/ order(s) and / or direction(s) particularly a writ in the nature of Certiorari for quashing and set aside the order dated 03.03.2025 passed in Eviction Case No.78 of 2023 (Annexure-5) passed by the Ld. Court of Competent Authority, Jharkhand State Housing Board, Ranchi whereby and whereunder direction has been given to vacate the said disputed House (MIG House No.HI-284) within 30 days and also pay the compensation amount of Rs.4,77,008/- to the Ranchi Division failing which the said House will be vacated with the help of Magistrate and Police force and the expenditure of deployment of the police force shall also be recovered from the respondent (petitioner herein) and this order has been passed without following the provision stipulated in Sub-section 1 (b) of Section 59 of the Jharkhand State Housing Board Act and also in violation of principle of Natural Justice. iii.
iii. For issuance of an appropriate writ(s)/ order(s) and / or direction(s) particularly a writ in the nature of Certiorari for quashing and set aside the Notice issued vide letter no.744 dated
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07.08.2025 issued by the Executive Engineer, Ranchi Division for compliance of order dated 03.03.2025 passed in Eviction Case No.78 of 2023 (Annexure-6) whereby and whereunder direction has been given to vacate the said disputed House (MIG House No.HI-284) within 7 days and also pay the compensation amount of Rs.4,77,008/ and the order passed in Eviction Case No.78 of 2023 has been communicated to the petitioner through this Notice after lapse of the stipulated time mentioned in the order dated
03.03.2025. iv. For issuance of an appropriate writ(s)/ order(s) and / or direction(s) particularly a writ in the nature of Mandamus for a direction upon the concerned respondent to stay the order dated 03.03.2025 in Eviction case no. 78 of 2024 passed by Ld. Court of Competent Authority, Jharkhand State Housing Board, Ranchi and Notice issued vide letter no. 744 dated 07.08.2025 during pendency of this writ petition as the Appellate Tribunal Urban Development & Housing Department, Government of Jharkhand at Ranchi is not functioning since last one year and due to this the person aggrieved (like petitioner) against the order passed by the competent authority under section 59 of the Jharkhand State Housing Board Act, cannot avail the Appellate Jurisdiction under section 60."
2. Heard learned counsel representing the petitioner and
learned counsel representing the respondents.
3.
Mr. Sachin Kumar, learned counsel representing the respondent - Jharkhand State Housing Board, submits that the Appellate Authority against the order passed by the Board is
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functioning and the petitioner should approach the Appellate Authority.
4.
Learned counsel representing the petitioner also submits that the petitioner will file an appeal challenging the order of eviction.
5.
Considering the aforesaid submission, I direct the petitioner to file an appeal before the Appellate Authority, who will consider the appeal on merits and pass a reasoned order after hearing the parties and the same should also be communicated to the petitioner. If there is any delay in filing the appeal, the same should be sympathetically considered.
6.
With the aforesaid direction, this writ petition stands
disposed of.
7.
Pending interlocutory application being I.A. No.15821 of 2025, also stands disposed of.
(ANANDA SEN, J.)
08th July, 2026 Prashant. Cp-2
Uploaded on 14.07.2026