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.5260 of 2021
1. Shyam Kumar Choudhary aged about 37 years son of Late Shiv Prasad Choudhary 2 (a). Puran Chaudhary aged 54 years, Son of late Mohar Choudhari 2(b) Bhola Chaudhary aged 39 years, Son of late Mohar Chaudhari 2(c) Virkesh Chaudhary aged about 43 years, Son of Late Mohar Chaudhari 2(d) Harkesh Chaudhary aged 36 years, S/o Late Mohar Chaudhari 2(e) Santosh Chaudhari aged 30 years, S/o Late Mohar Chaudhari All R/o village Ratnag P.O. Ratnag, P.S. Pandu District Palamau
3. Matuki Choudhary aged about 47 years son of Late Sohar Choudhary All residents of village Ratnag, P.O. Ratnag, P.S. Pandu, District Palamau
…. Petitioner(s)
Versus
1. State of Jharkhand
2. Commissioner, Palamau Division, Medininagar, Palamau at Daltonganj, P.O. and P.S. Medininagar, District Palamau
3. Deputy Commissioner, Palamau, P.O. and P.S. Medininagar, District Palamau
4. Additional Collector, Palamau, P.O. and P.S. Medininagar, District Palamau
5. Circle Officer, Bishrampur, P.O. and P.S. Bishrampur, District Palamau
6. Narsingh Shukla
7. Ram Naresh Shukla
8. Nand Kishore Shukla
9. Rajendra Prasad Shukla
10. Dhirendra Prasad Shukla Nos. 6 to 10 sons of Late Ram Narayan Shukla, Nos. 6 to 10 residents of village Golpa, P.O. Ratnag, P.S. Pandu, District Palamau
11. Krishna Gopal Mishra
12. Vishnu Kumar Mishra both sons of Late Ramdhyan Mishra
13. Anand Kumar Mishra
14. Ramashish Mishra
15. Ramashankar Mishra Nos. 13 to 15 sons of Late Ramdhyan Mishra
16. Bali Mishra son of Faudar Mishra Respondent No. 11 to 16 residents of village Golpa, P.O. Ratnag, P.S. Pandu, District Palamau
17. Pramila Devi wife of Bijay Choudhay resident of village Ratnag, P.O. and P.S. Pandu, District Palamau
18. Most. Fuljharia Kuer wife of Saryu Pal resident of village Ratnag, Tola Chuna Gorya P.O. Ratnag, P.S. Pandu, District Palamau 19.Bimla Devi wife of Ramdeo Prajapati 20.Umesh Paswan son of Late Harihar Paswan
21. Paira Devi wife of Umesh Paswan 22.Jairam Paswan son of Late Subhani Paswan
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23.Shiv Paswan son of Late Subhani Paswan All residents of village Ratnag, P.O. Ratnag, P.S. Pandu, District Palamau
… Respondent(s)
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CORAM: SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Amar Kr. Sinha, Sr. Advocate For the State
: Mr. Ashutosh Anand, AAG-III
Ms. Rishi Bharati, AC to AAG-III For R. No.6 to 10 : Mr. Sudhir Kumar Sharma, Advocate For R.No.11-15, 17-23 : Mr. Akhauri Prakhar Sinha, Advocate ------
13/31.08.2026 Heard the learned senior counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the Respondents.
2. By filing this writ petition, the petitioners have challenged the
order dated 01.11.2018 passed by the Divisional Commissioner, Palamau Division, Medinagar in Revenue Appeal No.17 of 2017 and 19 of 2017.
3. It is the grievance of the petitioner that the Divisional Commissioner, not being the Appellate Authority, has exercised the power not vested upon him. Thus, he has transgressed the jurisdiction.
4. The Counsel appearing on behalf of the Respondents 6 to 10 submits that the land in question was the subject matter of Title Suit No.82 of 2018 before the Civil Judge, Senior Division-VII, Palamau. The said suit was decreed in favour of the aforesaid respondents. Thus, claim of the petitioners cannot be entertained, who are defendants in the Suit.
5. After hearing the parties, I have perused the judgment passed by the Civil Judge, Senior Division-VII, Palamau in Original Suit No.82 of 2018. In the aforesaid Suit, the defendant Nos.6 to 10 herein were
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the plaintiffs. The petitioners before this Court were the defendants in the Suit. The Suit was filed by the plaintiffs (Respondents. No.6 to 10 herein) for declaration of Right, Title, Interest and Confirmation of Plaintiffs’ possession over the suit land. After proper trial, the Trial Court has decreed the suit in favour of the plaintiffs and also restrained the defendants, who are the petitioners herein and their agents from disturbing possession of the plaintiffs over the suit property.
6. Since the plaintiffs’ suit was decreed and the Title was declared in their favour, I am of the opinion that, no order can be passed in this case in favour of the petitioners. If the defendants in the Suit have not filed any appeal against the judgment of the suit, it will be open to them to challenge the aforesaid Judgment & decree before the Appellate Court.
7. With the aforesaid observation, this writ petition is disposed of.
(ANANDA SEN, J.) 31.08.2026 R.Kumar Uploaded on 02.09.2026