2026:JHHC:26173 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6713 of 2026 ----- Shyam Narayan Pal S/o Late Kalhat Pal, R/o Village Lotaniya (Pipradih), PO Kajrat Nawadih, PS Hussainabad, District Palamu, Jharkhand, 822116. … … Petitioner Versus 1. The State of Jharkhand. 2. The Deputy Commissioner, Palamu, having Office at District Collectorate Building, Medininagar (Daltonganj), PO & PS Medininagar, District Palamu, Jharkhand 822101. 3. The Sub-Divisional Officer, Hussainabad, having Office at Hussainabad (Japla), PO PS Hussainabad, District Palamu, Jharkhand 822116. 4. The Block Development Officer, Hussainabad, having Office at Hussainabad (Japla), PO PS Hussainabad, District Palamu, Jharkhand 822116. 5. The Officer-in-Charge, Hussainabad Police Station, having Office at Hussainabad (Japla), PO & PS Hussainabad, District Palamu, Jharkhand, 822116. 6. Satendra Pal, S/o Late Kalhat Pal, R/o Village- Lotaniya (Pipradih), PO Kajrat Nawadih, PS Hussainabad, District Palamu, Jharkhand, 822116. … … Respondents ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : Mr. Subhneet Jha, Advocate For the Respondents: Mr. Ajit Kumar, AC to GA V ---- 02/31.08.2026 Heard learned counsel for the parties. 2. Petitioner, in this writ petition, has prayed for the following reliefs: - (A) For issuance of a Writ in the nature of Mandamus or any other appropriate writ, order or direction, commanding upon the Respondent-Authorities to forthwith restore vacant and peaceful possession of the Petitioner’s dwelling unit sanctioned under the Pradhan Mantri Awas Yojana (Gramin), bearing PMAY(G) ID No. JH1279796, to the Petitioner, with the assistance of adequate police force, 2026:JHHC:26173 -: 2 :- including women police personnel, in view of the recommendations made in Joint Enquiry Report dated 13.09.2025 (Annex.5) and the directions issued by the Sub- Divisional Officer, Hussainabad vide Letter No.825 dated 17.06.2025 (Annex.3) and Memo No.1324/Sa. Dated 14.07.2026 (Annex.7). (B) For issuance of a writ in the nature of Mandamus or any other appropriate writ, order or direction, directing the Respondent-Authorities to take effective and time-bound action against Private Respondent No.6 for his illegal and unauthorised occupation of the said PMAY dwelling unit, as held by the Joint Enquiry Committee vide its Report dated 13.09.2025 (Annex.5); (C) For issuance of any other appropriate writ, order or direction restraining Private Respondent No.6 from interfering with the Petitioner’s peaceful possession and enjoyment of the said dwelling unit upon restoration. 4. Considering the nature of reliefs and issues involved in this writ petition, it is not necessary to call for the respondents to file counter affidavit in this case. 3. Petitioner was sanctioned one dwelling unit bearing PMAY (G) ID No.JH1279796 under the Pradhan Mantri Awas Yojna (Gramin Scheme). Upon completion of the construction of the dwelling unit, respondent No.6 (petitioner’s own brother) forcibly occupied the said dwelling house. The petitioner approached the respondent authorities, whereupon the Block Development Officer issued Letter No.825 dated 17.06.2025 directing respondent No.6 to vacate the house of the petitioner within one week. Respondent No.6 did not comply with the said notice. The Sub Divisional Officer, Hussainabad, vide Letter No.1127/Sa. Dated 02.07.2025, directed the Executive Magistrate, Hussainabad and the Block Development Officer, Hussainabad to conduct a joint enquiry. Such Joint Enquiry was conducted on 05.07.2025 by the Executive Magistrate and the Block Development Officer and a report dated 13.09.2025 was submitted, wherein it was held that the occupation of the PMAY dwelling house by the respondent No.6 was illegal, unauthorised and unethical and restoration of possession to the petitioner was recommended with the assistance of 2026:JHHC:26173 -: 3 :- adequate police force including women police personnel. As the illegal occupation continued, petitioner made representations dated 24.09.2025 before the Deputy Commissioner and Superintendent of Police, Medininagar, Palamu. Upon further consideration of the matter, the Sub Divisional Officer, Hussainabad, vide Memo No.1324/Sa. Dated 14.07.2026, directed the Block Development Officer to conduct a fresh enquiry with adequate police protection and to take action in accordance with law. The Officer-in-Charge, Hussainabad Police Station was simultaneously directed to deploy sufficient male and female police personnel for execution of the said exercise. 4. Contending that despite repeated administrative directions, a categorical enquiry report establishing the petitioner’s entitlement, and recommendations for police-assisted restoration of possession, the respondents authorities have failed to restore the petitioner’s PMAY dwelling or implement their own orders, the petitioner has preferred this writ petition, praying for restoration of vacant and peaceful possession of the petitioner’s dwelling unit sanctioned under the Pradhan Mantri Awas Yojana (Gramin), bearing PMAY(G) ID No. JH1279796. 5. Learned counsel for the petitioner submits that the respondent-authorities have failed to implement their own enquiry findings and administrative directions, resulting in continued deprivation of the petitioner of a dwelling unit sanctioned in his favour under a Central Government housing scheme. He submits that it has come in the Joint Enquiry Report dated 13.09.2025 (Annex.5) that the occupation of dwelling house in question by the respondent No.6 is illegal and unauthorised. He further contends that during the construction of the dwelling unit, the petitioner vide an affidavit dated 24.06.2024, in para 5, specifically stated that the private respondent, namely, Satyendra Pal and the other brother, namely, Ashok Pal, have no objection with regard to the said construction by the petitioner. 6. Learned counsel for the respondents submits that the nature of relief, which the petitioner has prayed in this writ petition relates to his right, title and interest over a dwelling house, which cannot be adjudicated in a writ petition. 7. Considering the submissions of the respective parties and going through the records, I find that the main grievance of the petitioner revolves around his right, title and interest over the dwelling 2026:JHHC:26173 -: 4 :- house in question and for eviction of the private respondents from the said dwelling house. The nature of grievance and the relief sought for is such, which can be decided by a Civil Court of competent jurisdiction. This Court, in exercise of jurisdiction under Article 226 of the Constitution of India, cannot adjudicate and decide the grievance raised and the reliefs sought for by the petitioner. 8. This writ petition is, accordingly, dismissed. Petitioner is at liberty to approach a Civil Court of competent jurisdiction for the reliefs as sought for by him. 9. Pending interlocutory applications, if any, stand disposed of. (Ananda Sen, J.) Ranchi Dated 31st August, 2026 Kumar/Cp-02 Uploaded on 03.09.2026