2026:JHHC:21242 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.5054 of 2026 ------ Pramod Modi, S/o Late Bhuneshwar Modi, R/o Village Bandasingha, Belkappi, P.O. Balkappi, P.S. Gorhar, District Hazaribagh. … … Petitioner Versus 1. The State of Jharkhand. 2. The Deputy Commissioner, Hazaribag, P.O., P.S. & District Hazaribagh. 3. The Superintendent of Police, Hazaribag, P.O., P.S. & District Hazaribagh. 4. The Sub-Divisional Magistrate, Barhi, P.O. & P.S. Barhi, District Hazaribagh. 5. The Officer Incharge, Gorhar, P.O. & P.S. Gorhar, District Hazaribagh. 6. Kishore Saw, S/o Girdhari Saw. 7. Surendra Prasad, S/o Prayag Saw. 8. Rajkumar Yadav, S/o Arjun Yadav. 9. Ravi Goswami, S/o Arjun Goswami 10. Pankaj Nayak, S/o Chattu Nayak 11. Sunil Kumar Nayak, S/o Ganesh Nayak 12. Aparna Devi, W/o Surendra Prasad Saw 13. Lochani Devi, W/o Prayag Saw. 14. Prayag Saw, S/o Late Bali Saw 15. Lildhari Saw. 16. Upendra Saw @ Giro Saw Respondents no.6 to 16 residents of Village Bandasingha, P.O. Balkappi, P.S. Gorhar, District Hazaribagh. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Micky Kumari, Advocate Mr. Ashok Kumar Sinha, Advocate For the Respondent(s): Mr. Amitesh Kumar Geasen, AC to AAGIA ------ 02/ 18.07.2026 By filing this writ petition, the petitioner has prayed for the following reliefs:- “A. 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 especially Respondent No.-2 i.e. Deputy 2026:JHHC:21242 2 Commissioner, Hazaribagh to pass appropriate Order upon the pending Representations dated 10/03/2026 & 17.03.2026 as because even after registration of First Information Report (hereinafter to be referred as FIR) dated 14/02/2026 being Gorhar P.S. Case No.- 06/2026, against the Respondent No.-6 to 16 they are carrying on the construction work over the land of the petitioner pertaining to Khata No.-36, Plot No.-2634, Mouza-Belkappi, Thana No.- 104 measuring to an area of 5.5 Decimals as apparent from the photographs. B. For issuance of an appropriate writ(s), order(s) and/ or direction(s), particularly a writ in the nature of Mandamus commanding upon the Respondent No.-4 i.e. Sub- Divisional Magistrate, Barhi District Hazaribagh to conclude the Case No.- 80/2026 after strictly executing Section 126 of BNSS as because even after imposition of Section 126 of BNSS respondent nos.6 to 16 are carrying on the construction work over the land of the petitioner as apparent from the photographs. C. For issuance of an appropriate writ(s), order(s) and / or direction(s) particularly a writ in the nature of Mandamus commanding upon the Respondent No.-4 i.e. Sub- Divisional Magistrate, Barhi District Hazaribag to restrain the respondent no.-6 to 16 from carrying on the construction work over the land of the petitioner during the pendency of Case No.-80/2026 after conducting physical verification of the land in question as on date as petitioner has already submitted all the necessary documents 2026:JHHC:21242 3 before the concerned authorities.” 2. Heard learned counsel representing the petitioner and learned counsel representing the respondents. 3. It is the grievance of the petitioner that respondent Nos.6 to 16 are carrying out some construction. It is also the case of the petitioner that the land which the petitioner claims to be his, is being used by respondent Nos.6 to 16 in the said construction, which according to the petitioner is illegal. 4. Respondent Nos.6 to 16 are private individuals and they are making some constructions. According to the petitioner, his land is being encroached. This type of dispute cannot be resolved in an application under Article 226 of the Constitution of India. If the petitioner is claiming right, title and interest over the land in question and if it is his case that the land has been illegally encroached upon, he should approach the appropriate Civil Court by filing a suit. 5. Thus, with a liberty to file a suit and to claim interim injunction therein, this writ petition stands disposed of. (ANANDA SEN, J.) 18th July, 2026 Prashant. Cp-2 Uploaded on 21.07.2026