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2026 DAILYLAW 20416 (JHR)

SAURABH VISHWAKARMA v. THE STATE OF JHARKHAND

LPA/287/2025 · 2026-07-14

Rajesh Shankar

body2026

Judgment text

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( 2026:JHHC:20825-DB ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 287 of 2025 With I.A. No. 1653 of 2026 & I.A. No. 6766 of 2025 1. Saurabh Vishwakarma, Son of Late Ram Prit Vishwakarma, aged about 38 years; 2. Sharad Vishwakarma, Son of Late Ram Prit Vishwakarma, aged about 33 years; 3. Ambika Vishwakarma, Son of Late Jawahir Vishwakarma, aged about 79 years, 4. Mukund Vishwakarma, Son of Late Jawahir Vishwakarma, aged about 61 years; All are resident of Village- Jata, P.O.- Kalyanpur, P.S. & District- Garhwa. ... ... Appellants Versus 1. The State of Jharkhand. 2. The Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. & P.S.-Dhurwa, District-Ranchi, Jharkhand. 3. The Deputy Commissioner, Garhwa, having its office at Collectorate Building, Garhwa, P.O. & P.S.-Garhwa, District-Garhwa, Jharkhand. 4. The Sub Divisional Officer, Garhwa, having its office at Circle Office, Garhwa, P.O. & P.S.-Garhwa, District-Garhwa, Jharkhand. 5. The Circle Officer, Garhwa Circle, having its office at Circle Office, Garhwa, P.O. & P.S.-Garhwa, District-Garhwa, Jharkhand. 6. Avinash Kumar, Son of Awdesh Kumar Mehta, R/o village-Juti, P.O. & P.S.- Garhwa, District-Garhwa, (Jharkhand). 7. The Officer-in-Charge, Garhwa Police Station, P.O. & P.S.-Garhwa, DistrictGarhwa, Jharkhand. … ... Respondents ------ CORAM : HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ------ For the Appellants : Mr Prabhat Kumar Sinha, Advocate For the Resp-State : Mr Rahul Kamlesh, AC to SC-IV For the Respondent No.6 : Mr Arun Kumar Dubey, Advocate ----- 04 /Dated: 14.07.2026 1. Heard the learned counsel for the parties. 2. This appeal is directed against the learned Single Judge’s order dated 21.04.2025 disposing of W.P.(C) No. 6299 of 2024 and directing the Circle Officer, Garhwa to comply with the order of the Sub-Divisional Officer, Garhwa for giving physical possession of the subject plot of the land to the petitioner within four weeks of the production of the copy of this order. ( 2026:JHHC:20825-DB ) 2 3. The writ petitioner in W.P.(C) No. 6299 of 2024 has been impleaded as 6th respondent in this appeal. 4. The 6th respondent had impleaded the present appellants as respondent nos. 7 to 10 in W.P.(C) No. 6299 of 2024, knowing that grant of any reliefs in this petition would affect the appellants herein. 5. However, by order dated 21.04.2025, the learned Single Judge disposed of W.P.(C) No. 6299 of 2024 without issuing any notice to the appellants herein, even though they were impleaded as respondent Nos. 7 to 10 in the petition. The impugned order affects the appellants but was made without issuing any notice to them and consequently, without hearing them. 6. Accordingly, we are satisfied that the impugned order dated 21.04.2025 must be set aside on the above short ground of failure of natural justice. We set aside the impugned order dated 21.04.2025 and remand the matter to the learned Single Judge having the roster to decide it afresh after hearing, inter alia, the appellants herein. 7. We note that the impugned order directing the Circle Officer to deliver the physical possession of the subject plot to the 6th respondent herein was stayed by this Court on 13.06.2025. 8. Now, the 6th respondent has filed an I.A. seeking vacation of the stay order, contending that the appellants are disturbing the 6th respondent’s possession by relying on it. The appellants claim that they are in possession. 9. At this stage, it is not possible for this Court to go into the disputed issues regarding the possession of either party. We had only stayed further proceedings pursuant to the impugned order dated 21.04.2025 in W.P.(C) No. 6299 of 2024. ( 2026:JHHC:20825-DB ) 3 10. Therefore, after setting aside the order dated 21.04.2025, we remand the case to the learned Single Judge having the roster to decide W.P.(C) No. 6299 of 2024 afresh, after, inter alia, hearing the appellants and other respondents to the petition, and in accordance with law. 11. Mr Prabhat Kumar Sinha accepts notice on behalf of respondent Nos. 7 to 10 in W.P.(C) No. 6299 of 2024 and states that he will file the necessary Vakalatnama in the writ petition, so that he can appear in the matter on the appointed date. This statement is accepted. Such Vakalatnama should be filed within two weeks from today. 12. I.As, in this appeal, no longer survives and is disposed of. (M.S. Sonak, C.J.) (Rajesh Shankar, J.) July 14, 2026 Ranjeet / R.Kr. NAFR Uploaded on 17.07.2026