Jharkhand High Court
Shankar Sahu vs The State Of Jharkhand on 11 March, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C). No. 1298 of 2025
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Shankar Sahu, s/o. late Banarasi Sahu, r/o. village Chadri, Near Line Tank
Road, Gopal Ganj, P.O. G.P.O., P.S. Lower Bazar, Dist. Ranchi, Jharkhand.
…….. Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Ranchi, Kutchery, P.O. G.P.O., P.S.
Kutchery, Dist. Ranchi.
3. Circle Officer Town, Ranchi, Radium Road, Deputy Para Chowk, P.O.
and P.S. Kutchery, Dist. Ranchi.
4. Somari Pahan, d/o. Jayram Pahan, r/o. village Chadri, Pahan Kocha,
P.O. G.P.O., P.S. Kotwali, Dist. Ranchi, Jharkhand.
5. Scheduled Area Regulation Officer (S.A.R. Officer), Ranchi, Kutchery,
P.O. G.P.O., P.S. Kutchery, Dist. Ranchi, Jharkhand
……. Respondents
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner
: Mr. Rakesh Kumar No. 2, Advocate
Mr. Soumitra Baroi, Advocate
For the State : Ms. Omiya Anusha, AC to AAG-IA
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02/ 11.03.2025 Learned counsel for the petitioner is directed to implead
Scheduled Area Regulation Officer (S.A.R. Officer), Ranchi as respondent
No. 5 in the cause-title of the present writ petition.
2. The present writ petition has been filed for following relief(s):
(i) For issuance of an appropriate writ(s)/order(s)/ direction(s) for
quashing the Notice issued by respondent No. 3 in connection
with Eviction (Dakhal-Dehari) Notice Case No. 35/2016-17 as
contained in letter No. 164(ii) dated 04.02.2025 (Annexure-5),
by which the petitioner has been directed to handover the
possession of land appertaining to Khata No. 14, Plot No. 29,
Area-0.5 kattha to the respondent No. 4 situated at Mouza-
Chadri, Thana No. 199.
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(ii) For issuance of an appropriate writ(s)/order(s)/ direction(s) for
quashing the notice issued by respondent No. 3 in connection
with Eviction (Dakhal-Dehari) Notice Case No. 35/2016-17 as
contained in letter No. 328(ii) dated 03.03.2025 (Annexure-7) by
which the petitioner has been directed to handover the
possession of land appertaining to Khata No. 14, Plot No. 29,
Area 0.5 kattha to the respondent No. 4 situated at Mouza-
Chadri, Thana No. 199,.
(iii) For issuance of an appropriate writ(s)/order(s)/ direction(s) for
staying the operation/ implementation/ execution of notice
issued by respondent No. 3 in connection with Eviction (Dakhal-
Dehari) Notice Case No. 35/2016-17 as contained in letter No.
164(ii) dated 04.02.2025 (Annexure-5) and letter No. 328(ii)
dated 03.03.2025 (Annexure-7) till disposal of the instant writ
petition.
3. Learned counsel for the petitioner submits that respondent No. 4
filed S.A.R. Case No. 35/2016-17 under Section 71-A of the
Chotanagpur Tenancy Act, 1908, in the Court of respondent No. 5,
seeking restoration of the aforesaid land. The petitioner appeared in
the said case and contested the same. However, vide order dated
13.03.2024, the respondent No. 5 restored the said land in favour of
the respondent No. 5 and directed the Circle Officer, Ranchi to ensure
possession of the same in favour of the respondent No. 4 with a
further direction to remove any structure standing over the land in
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question after giving sufficient opportunity to the petitioner.
4. It is further submitted that though the petitioner had contested the
said case, however, he was not knowing about disposal of the same
vide order dated 13.03.2024, about which he came to know only after
receipt of Dakhal-Dehari Notice No. 35/2016-17, as contained in letter
No. 164 (ii), dated 04.02.2025 (Annexure-5), whereby he was directed
to handover the possession of the said land in favour of the
respondent No. 4. Thereafter, the petitioner preferred S.A.R. Appeal
No. 110 R 15/ 2024-25 on 12.02.2025 in the Court of the Deputy
Commissioner, Ranchi (respondent No. 2) along with an application
under Order 39 rule 1 read with Section 151 of C.P.C. seeking
temporary injunction. The said Appeal has been ordered to be listed on
22.04.2025. However, in the meantime, another notice as contained in
letter No. 328 (ii) dated 03.03.2025 (Annexure-7) has been issued by
the Circle Officer, Town Circle, Ranchi directing the petitioner to
handover possession of the land in question to the respondent No. 4
by 11.03.2025 failing which the possession of the same would be
handed over to the respondent No. 4 by evicting the petitioner
forcefully. Under such circumstances, the petitioner has preferred the
present writ petition.
5. Learned counsel appearing for the respondent-State submits that
though the respondent No. 5 had passed order in S.A.R. Case No.
35/2016-2017 way back on 13.03.2024, yet the petitioner chose to
preferred Appeal against it on 12.02.2025 i.e., after lapse of about one
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year and as such, the petitioner can only be said to be responsible for
the present situation.
6. Having heard learned counsel for the parties and considering the
fact that S.A.R. Appeal No. 110 R 15/ 2024-25 filed by the petitioner
challenging the order dated 13.03.2024, passed by respondent No. 5 in
S.A.R. Case No. 35/2016-2017, is presently pending before the
respondent No. 2, which, according to the petitioner, is again coming
for consideration on 22.04.2025, the respondent No. 2 is directed to
take-up the application preferred by the petitioner under Order 39 rule
1 read with Section 151 of C.P.C. along with memo of appeal and after
hearing the petitioner as well as respondent No. 4, pass an appropriate
order expeditiously.
7. The petitioner shall not be dispossessed from the land in question till
22.04.2025, i.e. the next date of listing of S.A.R. Appeal No. 110 R
15/2024-25, in the Court of respondent No. 2. It is made clear that the
present interim order will only be effective till 22.04.2025.
8. The present writ petition stands disposed of with the aforesaid
observation and direction.
(Rajesh Shankar, J.)
kunal
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