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2026 DAILYLAW 24131 (JHR)

DIYU BANSINGH v. STATE OF JHARKHAND, REPRESENTED THROUGH THE CHIEF SECRETARY

WPC/6465/2026 · 2026-08-24

Sri Ananda Sen

Writ Petition (Civil)body2026

Judgment text

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2026:JHHC:25450 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6465 of 2026 ----- 1. Diyu Bansingh son of late Soma Bansingh 2. Manki Bansing son of late Soma Bansingh 3. Rega Bansingh son of late Soma Bansingh 4. Ludu Bansingh son of late Soma Bansingh 5. Manki Bansingh son of Lugdi Bansingh 6. Lakhan Bansingh son of late Bhuiyan Bansingh 7. Manki Bansingh son of late Bhuiyan Bansingh 8. Manki Bansingh son of late Siram Bansingh 9. Turam Bansingh son of late Siram Bansingh 10. Soma Bansingh son of late Lugdi Bansingh 11. Mangal Bansingh son of late Pandu Bansingh All are residents of village Badeya, PO Bhoya, Anchal Khuntpani, PS Muffasil (Chaibasa), district West Singhbhum (Jharkhand)-833201. … … Petitioners Versus 1. The State of Jharkhand, represented through the Chief Secretary, 1st Floor, Project Building, CMO (Chief Minister’s Office) Campus, Dhurwa, PO & PS Dhurwa, District Ranchi (Jharkhand) 834004. 2. The Joint Secretary, State of Jharkhand, 1st Floor, Project Building, CMO (Chief Minister’s Office) Campus, Dhurwa, PO & PS Dhurwa, District Ranchi (Jharkhand)-834004. 3. Divisional Deputy Director, Kolhan Division, Chaibasa, PO & PS Chaibasa, District West Singhbhum. 4. The Deputy Commissioner of the district West Singhbhum, PO & PS Chaibasa, District West Singhbhum. 5. District Education Officer, West Singhbhum at Chaibasa, PO & PS Chaibasa, District West Singhbhum. 6. The Sub Divisional Officer, Sadar Chaibasa, Office of the Sub Divisional Officer (SDO), Sadar Chaibasa, PO & PS Chaibasa, District West Singhbhum. 7. The Circle Officer (C.O.), Khuntpani, Circle Office, Khuntpani, PO & PS Kolhan, District West Singhbhum. … … Respondents ---- CORAM: SRI ANANDA SEN, J. 2026:JHHC:25450 -: 2 :- For the Petitioner: Mr. Peter Martin T.J., Advocate For the Respondents: Mr. Uttam Kumar Das, AC to GP ---- 2/24.08.2026 Heard learned counsel for the parties. 2. Petitioners, in this writ petition, have prayed for the following reliefs:- (i) A writ in the nature of mandamus and/or any other appropriate writ/ order/ direction directing the respondents to pay fair compensation of the lands of the petitioners illegally encroached and occupied by the respondents as well as the trees which have been cut down from these lands of the petitioners; (ii) A writ in the nature of prohibition and/or any other appropriate writ/ order/direction to the respondents to stop the construction work until the fair compensation is paid to the petitioners’ land encroached and occupied by the respondents; (iii) A writ in the nature of mandamus or/ and any other appropriate writ/ order/ direction to the respondents to open and / or provide path to the petitioners so that they could get access to their lands for the purpose of cultivation; 3. For purposes of adjudicating the reliefs sought for in this writ petition, it is not necessary to call for the respondents to file counter affidavit in this case. 4. It is the case of the petitioner that the petitioners are joint raiyats in respect of lands under (A) Khata No.27, having (i) Plot No.601 measuring an area of 0.29 acre; (ii) plot No.581 measuring an area of 0.19 acre; (iii) Plot No.582 measuring an area of 0.10 acre; (iv) Plot No.583 measuring an area of 0.62 acre; and (B) Khata No.65, having plot No.602 measuring an area of 2.15 acres. On noticing that Kolhan Residential School in the pattern of Netarhat Residential School is being constructed on the lands situated over Plot Nos.517, 571, 584, 65, 600, 604 measuring an area of 15.25 acre, one of the villagers, namely, Gangaram Bansingh under Right to Information Act, 2005 could come to know that a Notification was issued with regard to the identified lands for construction of a Residential School in Badeya Village and a resolution was passed by Badeya Gram Sabha in this regard on 15.06.2025. It also came to be known under the Right to Information Act, 2005 that on 11.06.2025 a general notice was issued informing the villagers of the Badeya Village that lands situated under Khata No.01 (i) Plot No.571 measuring 3.30 acres, (ii) Plot No.584 measuring 5.34 2026:JHHC:25450 -: 3 :- acres, (iii) Plot No.600 measuring 2.20 acres; (iv) Plot No.604 measuring 2.44 acres in the village Badeya had to be transferred to Kolhan Residential School by transferring the lands free of cost in the name of the District Education Officer, Chaibasa and if any person / family / group / organisation had any objection / claim, they could produce it in the Office of the Circle Officer, Khuntpani, West Singhbhum till 25.06.2025 by 05.00 p.m.The petitioners claim that petitioners’ lands, which have been illegally encroached and occupied by constructing boundary wall over the same for the construction of Kolhan Residential School (Badeya) without paying the petitioners any compensation. The area of the land so utilised is as under:- (a) Area measuring 0.12 acre from Plot No.581 and Plot No.582 (b) Area measuring 0.28 acre from Plot No.583 (c) Area measuring 0.29 acre of Plot No.601 (d) Area measuring 0.07 acre from Plot No.602 The petitioners also contend that the villagers, namely, Sonaram Bansingh s/o late Devilal, Lukhna Bansingh son of late Pandu Bansingh, who are join raiyats of the petitioners, have transferred their share of lands by means of donation in favour of Kolhan Residential School appertaining to Plot No.602, area measuring 0.7165 acre and those lands have been mutated in the name of the Kolhan Residential School (Badeya). Petitioners also contended that such transfer of land by the aforesaid raiyats has been caused without any partition of land, thereby causing great loss to the petitioners as they have been left with low lands having far lesser value in comparison to the lands transferred in the name of the school. Petitioners claim that they should be paid fair compensation as per the provisions of the Land Acquisition Act. 5. Learned counsel for the petitioners submits that the petitioners have been deprived of their valuable right to get compensation and are entitled to get compensation in terms of the provisions of the Land Acquisition Act. He submits that the lands which have been transferred by some of the raiyats in favour of the school has been done so without there being any partition among the co-sharers of the lands, thereby causing irreparable loss and injury to the petitioners. 2026:JHHC:25450 -: 4 :- He submits that it is a fit case for grant of compensation to the petitioners. 6. Learned counsel appearing for the State-respondents, submits that the entire process has been done as per procedure after issuing proper general notice to the raiyats and also pursuant to the decision/resolution of the Gram Sabha. He submits that there is no illegality in the entire procedure and the petitioners are not entitled to any relief whatsoever from this Court. 7. After hearing the parties and going through the records, I find that the petitioners have contended that their lands have been acquired and their co-sharers have also donated the lands for purposes of construction of the school. It is their contention that such donation has been caused in respect of the lands, which were joint in share of the petitioners and the said raiyats. Be that as it may, since the lands have already been donated by the raiyats and construction of the school has also started, as contended by the petitioners, no relief can be granted to the petitioners in this writ petition. This writ petition is, accordingly, dismissed. Pending interlocutory applications, if any, stand disposed of. If the petitioners have any grievance or claim with regard to their right, title and interest over the lands in question, they may approach a Civil Court having competent jurisdiction for redressal of the same. (Ananda Sen, J.) Ranchi Dated 24thAugust, 2026 Kumar/Cp-02 Uploaded on 28.08.2026