ARYABHATT AWAS SAHYOG SAMITEE LTD THRO ITS AUTHORIZED MEMBER NAMELY DR RAJ KUMAR v. STATE OF JHARKHAND THRO THE CHIEF SECRETARY
WPC/4076/2024 · 2026-01-12
Rajesh Kumar
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 8712 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8712 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:647 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4076 of 2024
.... Aryabhatt Awas Sahyog Samitee Ltd. through its authorized member namely Dr. Raj Kumar, aged about 49 years, Son of Late Motilal, Resident of Camp-2, Q. No.13A/2, Bokaro Steel City, P.O.-Camp-2, P.S.-Bokaro Steel City, District- Bokaro, Jharkhand
.… Petitioner
Versus
1. The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, Dhurwa, P.O.-Dhurwa, P.S.-Jagarnathpur, District-Ranchi
2. Secretary, Department of Land, Revenue & Registration, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O.-Dhurwa, P.S.- Jagarnathpur, District-Ranchi
3. Deputy Commissioner, Bokaro, having its office at Collectoriate Building, Chas, P.O. & P.S.-Chas, District-Bokaro, Jharkhand
4. Deputy Development Commissioner, Bokaro, having its office at Collectoriate Building, Chas, P.O. & P.S.-Chas, District-Bokaro, Jharkhand
5. Additional Collector, Bokaro, having its office at Collectoriate Building, Chas, P.O. & P.S.-Chas, District-Bokaro, Jharkhand
6. Sub Divisional Officer, Bokaro, having its office at Collectoriate Building, Chas, P.O. & P.S.-Chas, District-Bokaro, Jharkhand
7. Circle Officer, Chas, having its office at Collectoriate Building, Chas, P.O. & P.S.-Chas, District-Bokaro, Jharkhand
.... Respondents
.... CORAM:
HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner
: Mr. Amritansh Vats, Adv. For the State
: Mr. Mithilesh Singh, GA-IV
.... 12/12.01.2026
1. The present writ petition has been filed for following reliefs:-
i. For issuance of an appropriate writ(s)/order (s)/direction(s) in the nature of Mandamus show causing the respondent authorities what action they have taken pursuant to the order dated 02.08.2023 as contained in Memo No. 1714 issued under the signature of the Deputy Commissioner, Bokaro with respect to measuring the land pertaining to Old Khata No. 28, plot No. 978 (New Khata No. 48, Plot No. 1053), Mouza-Bandhgoda, Circle Chas District, Bokaro pertaining to Aryabhatt Awas Sahyog Samitee Ltd as till date in spite of constitution of the committee for measuring the said land and several directions issued from time to time for measurement, but no steps has been taken for the same. ii.
ii. For issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus directing upon the respondent authorities to forthwith implement the order dated 02.08.2023 as contained in Memo No. 1714 in its true letter and spirit by measuring the land pertaining to the Old Khata No. 28, plot No. 978 (New Khata No. 48, Plot No. 1053),
2026:JHHC:647
2 W.P.(C) No.4076 of 2024
Mouza -Bandhgoda, Circle – Chas, District - Bokaro and submit the report to the Deputy Commissioner, Bokaro.”
2. The objection has been raised by the learned counsel for the respondents that it is a writ petition filed by the Samittee and the affected members has not been made party and any adverse order cannot be binding upon them and as such the present writ petition is not maintainable for want of necessary party. 3. The second objection has been taken that there is no provision for measurement of land at the instance of one and another party if there is any dispute over the piece of land and it can be only resolved by the competent civil court. 4. From perusal of the records, relevant fact emerges, which is as follows:-
i. Although the present petitioner is not a party but there is an order of civil court in favour of the private party. ii. The entire factual matrix has also not brought on record but this fact is clear that there is a civil dispute between the parties. iii. If there is a dispute regarding the title and possession of the land, it can only be resolved by the civil court not under the executing power of the State as it is a judicial function. 5. In view of above discussion, the present writ petition stands disposed of giving liberty to the parties to work out their remedy in accordance with law. 6. With the aforesaid liberty, the present writ petition stands disposed of. 7. Pending I.A., if any, also stands disposed of. (Rajesh Kumar, J.)
12.01.2026 Shahid/ Uploaded on 13.01.2026