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2026 DAILYLAW 7020 (JHR)

HIRA LAL YADAV v. THE STATE OF JHARKHAND

WPC/2677/2026 · 2026-04-20

Sri Ananda Sen

Writ Petition (Civil)body2026

Judgment text

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2026:JHHC:11433 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2677 of 2026 Hira Lal Yadav, aged about 41 years, Son of Prabhu Yadav, Resident of Village-Mahuara, P.O.-Mahagama, P.S.-Mahagama, District-Godda, Jharkhand. 2. Shiv Shankar Yadav, aged about 32 years, Son of Mahendra Yadav, Resident of Village-Mahuara, P.O-Mahagama, P.S.-Mahagama, District- Godda. Jharkhand. ….. Petitioners Versus 1. The State of Jharkhand. 2. The Deputy Commissioner, Godda, P.O. & P.S.-Godda, District- Godda, Jharkhand. 3. The District Land Acquisition Officer, Godda, P.O. & P.S.-Godda, District-Godda, Jharkhand. 4. The District Horticulture Officer, Godda, P.O. & P.S.-Godda, District- Godda, Jharkhand. 5. The Circle Officer, Mahagama, Godda, P.O. & P.S.-Mahagama, District-Godda, Jharkhand. 6. The Additional Collector, Godda, P.O. & P.S-Godda, District-Godda, Jharkhand. 7. The Secretary Agriculture, Animal Husbandry and Cooperation Department, Nepal House, P.O. & P.S.-Doranda, District-Ranchi, Jharkhand. 8. The Officer-in-Charge, Mahagama Thana, Godda, P.O. & P.S.- Mahagama, District-Godda, Jharkhand. … Respondent(s) -------- CORAM: SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rajeev Kumar, Advocate Ms. Niteshwari Kumar, Advocate For the Respondent(s) : Mr. Abhijeet Anand, AC to Sr. SC-I ------ 2/20.04.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the Respondents. 2. The petitioner in this writ petition prays to quash the notice dated 10.02.2026 issued by the Circle Officer, Mahagama, based on the alleged acquisition claim and to restrain the respondents from disposing or interfering with the peaceful possession of the petitioner's land wherein the pillar has been installed on the land illegally and arbitrarily without adopting due process of law. Petitioner further prays to direction upon the respondents to produce 2026:JHHC:11433 2 acquisition records, if any, before this Hon'ble Court. 3. The petitioner claims title over a chunk of land in Mauja Mahuara Thana No. 575, Jamabandi No.14, dag No.194. It is petitioners’ claim that the land belongs to him and the respondents by issuing the impugned notice, has infringed the right, title and possession over the land. 4. I have gone through the notice issued dated 10.02.2026. The same has been issued by Circle Officer, Mahagama wherein the Circle Officer, Mahagama intimated the petitioner that the District Horticulture Officer has made a complaint before him that the aforesaid land belongs to the Horticulture Department. Based on the same complaint, in the last paragraph of the aforesaid notice, the petitioner was directed to stop construction unless the document of land is verified and land is demarcated, for which the petitioner was directed to appear with the document claiming title. 5. Considering the contents of the notice, I am not inclined to interfere with the notice at this stage. The petitioner should appear before Circle Officer Mahagama along with all the documents which the petitioner has in his possession to substantiate his right, title and possession over the land in question. 6. If the petitioner produces any paper of the aforesaid land in his favour or his ancestors and thereafter if any department of the government, i.e. horticulture and other department claims title over the property, it will be the duty of the said authority to approach the Civil Court of appropriate jurisdiction. If the petitioner is in 2026:JHHC:11433 3 possession of the property based on some prima facie valid documents, the respondents being the Revenue Authority neither decide the title and nor pass any order of his eviction without following the due process. 7. With the aforesaid observations, this writ petition is disposed of. (ANANDA SEN, J.) 20.04.2026 R.Kumar Uploaded on 22.04.2026