IN THE HIGH COURT OF JHARKHAND AT RANCHI
2026:JHHC:13049
W.P.(C) No. 1510 of 2021 with W.P.(C) No. 1791 of 2021
W.P.(C) No. 1510 of 2021
1. Prakash Munjal aged about 72 years
2. Harish Munjal aged about 68 years, both sons of Late Jiwan Lal Munjal.
3. Ritul Munjal aged about 40 years S/o Harish Munjal
All Residents of Firayalal Compound, Kadru Diversion Road, Near Railway Over Bridge, Ranchi P.O. and P.S. Chutia District Ranchi
..... Petitioner(s)
Versus
1. The State of Jharkhand.
2. Chief Secretary, Government of Jharkhand, Jharkhand Mantralaya, Project Building, P.O. and P.S. Dhurwa District Ranchi.
3. Home Secretary, Department of Home, Government of Jharkhand, Jharkhand Mantrayala, Project Building, P.O. and P.S. Dhurwa District Ranchi.
4. Director General of Police, Government of Jharkhand, P.O. and P.S. Dhurwa District Ranchi.
5. Deputy Commissioner, Ranchi, P.O. G.P.O. P.S. Kotwali, District Ranchi Jharkhand.
6. Senior Superintendent of Police, Ranchi, Jharkhand P.O. G.P.O. P.S. Kotwali, District Ranchi Jharkhand.
7. Officer In-Charge Sadar Police Station, P.O G.P.O. and P.S. Sadar District Ranchi.
9(a) Salo Devi, W/o Late Sanjay Pahan, aged about not known to the petitioner, R/o Booty, P.O.-G.P.O, P.S. Sadar, Dist.-Ranchi.
9(b) Asha Kumari, D/o Late Sanjay Pahan, aged about 20 years, R/o Booty, P.O.-G.P.O, P.S. Sadar, Dist.-Ranchi.
9(c) Misha Kumar, D/o Late Sanjay Pahan, aged about 18 years, R/o Booty, P.O.-G.P.O, P.S. Sadar, Dist.-Ranchi.
9(d) Usha Kumari, D/o Late Sanjay Pahan, aged about 15 years, R/o Booty, P.O.-G.P.O, P.S. Sadar, Dist.-Ranchi.
9(e) Anisha Kumari, D/o Late Sanjay Pahan, aged about 10 years, R/o Booty, P.O.-G.P.O, P.S. Sadar, Dist.-Ranchi.
9(f) Ansh Pahan, S/o Late Sanjay Pahan, aged about 20 years, R/o Booty, P.O.-G.P.O, P.S. Sadar, Dist.-Ranchi.
..... Respondent(s)
with
W.P.(C) No. 1791 of 2021
1. Prakash Munjal, aged about 72 years, S/o Late Jiwan Lal Jiwan Lal, R/o Firayalal Compound, Kadru Diversion Road, near Railway Overbridge, Ranchi, P.O and P.S. Chutia, District -Ranchi (Jharkhand)
2. Harish Munjal, aged about 68 years, S/o Late Jiwan Lal Jiwan Lal, R/o Firayalal Compound, Kadru Diversion Road, near Railway Overbridge, Ranchi, P.O and P.S. Chutia, District-Ranchi (Jharkhand).
3. Ritual Munjal, aged about 40 years, Firayalal Compound, Kadru Diversion Road, near Railway Overbridge, Ranchi, P.O and P.S. Chutia, District Ranchi (Jharkhand)
..... Petitioner(s)
Versus
1. State of Jharkhand through its Secretary, Revenue, Land Reforms and Registration, officiating from his office at Project Bhawan, Dhurva, P.O- Dhurva, P.S Jagannathpur, Dist-Ranchi.
2. The Presiding Officer-cum-Hon'ble Minister, Revenue, Registration and Land Reforms Department, Government of Jharkhand, Ranchi, officiating from his office at Project Bhawan, Dhurva, P.O- Dhurva, P.S Jagannathpur, Dist-Ranchi.
3. Deputy Commissioner, Ranchi having his office at O/o Collectorate Building, near Civil Court, P.O- G.P.O and P.S- Kotwali, Dist. Ranchi.
4(a). Salo Devi, W/o Late Sanjay Pahan aged about not known to the petitioner, R/o Booty, P.O. Booty, P.S. Sadar, District-Ranchi.
4(b). Asha Kumari, D/o Late Sanjay Pahan aged about 20 years, R/o Booty, P.O. Booty, P.S. Sadar, District-Ranchi.
4(c). Misha Kumar, D/o Late Sanjay Pahan aged about 18 years, R/o Booty, P.O. Booty, P.S. Sadar, District-Ranchi.
..... Respondent(s)
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioner(s) : Mr. Amar Kumar Sinha, Adv, Mr. Kundan Kr. Ambastha, Adv, Mr. Parth Jalan, Advocate
For the State : Mr. Rajiv Ranjan, A.G., Mr. Piyush Chitresh, AC to A.G.
For the Private Resp. : Mr. Amritansh Vats, Adv, Mr. Shivak A. Pathak, Adv, Mr. Amartya Choudbey, Adv, Mr. Arpan M. Ekka, Advocate, Mr. Ashish Choudhary, Adv
C.A.V. ON 13/03/2026 PRONOUNCED ON:01/05/2026
1. Heard learned counsel for the parties.
2. Both these Writ Petitions involve common issue; accordingly, with consent of the parties, both were heard together and are being disposed of by this common order.
3. The relief sought in WP(S) No. 1510 of 2021 is as follows:-
1. That in the instant writ petition the petitioners pray for issuance of an appropriate writ/rule/order/direction commanding upon the respondents and refraining them from making illegal and unauthorized construction over the lands measuring an area of 2.90 acres appertaining to R.S Plot Nos. 1947,1948 and 1949 of Khata No. 79 situated at Village Booty, P.S. Sadar, District Ranchi exclusively belonging to the petitioners having acquired the same in a legal and valid manner by registered deed of sale dated 2.12.1959 after obtaining permission of the competent authority under section 49 of the Chotanagpur Tenancy Act in view of the fact that the petitioners have been forcibly evicted from the lands under proceeding without taking recourse of law and the respondent authorities have not taken any action despite the several representations and complaint made by the petitioners stating therein that the respondent Nos. 8 and 9 along with 400 persons have unlawfully assembled over the lands in the night of 20th February 2021 and surrounded the lands by PVC Sheets forcibly and stealthily and are making illegal constructions over the lands under proceeding without having any right, title and interest over the same
AND
Further the petitioners pray that the respondent authorities be directed to restore the possession of the aforementioned lands to the petitioners forthwith as the respondents have forcibly and illegally dispossessed the petitioners from the lands without initiating any proceeding and without any order of the competent authority and the respondent authorities be directed to demolish the unauthorized and illegal construction over the lands and direction may be given to the respondents to maintain ante status quo with respect to the lands in question AND/OR Pass such other relief or reliefs to which the petitioners are legally entitled to.
4. The relief sought in WP(S) No. 1791 of 2021 is as follows:-
a. For the issuance of an appropriate writ(s), order(s) or direction(s) for quashing of the order dated 17th of February 2021 passed by the Presiding Officer-cum Hon'ble Minister, Revenue, Registration and Land Reforms Department, Government of Jharkhand (Respondent No. 2) in Misc Case No. 267 of 2020 (Annexure-16) by which Respondent No. 2 has passed an order to restore possession of the lands measuring 2.90 acres appertaining to R.S. Plot nos. 1947, 1948 and 1949 of Khata no. 79 situated at village Booty, P.S. Sadar, District Ranchi in favour of the respondent no. 4 under Section 49(5) of the Chotanagpur Tenancy Act while further directing to annul the permission granted by the Deputy Commissioner, Ranchi on 11th of November 1959 under Section 49 of the CNT Act for sale of the aforementioned lands vide permission case no. 34R8II/1959-60 as well as to annul the transfer of land by sale deed dated 2nd of December 1959, executed and registered in favour of the ancestor of the petitioners namely Jiwan Lal after obtaining permission of the competent authority, while issuing direction to the Deputy Commissioner, Ranchi to lodge criminal case against the petitioners and direction has also been given to the Anti-Corruption Bureau to lodge F.I.R. against the petitioners; the impugned order has been passed solely on the basis of an affidavit filed by the Respondent No. 4 and has been passed without giving any opportunity to the Petitioner and without considering the several judicial order with respect to the same property. Respondent No. 2, has further ignored that the application is hopelessly barred by limitation.
AND
b. For the issuance of such other writ(s), order(s), or direction(s) to stay the operation of the order passed in Misc 267 of 2020 till the adjudication
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