RANCHI, India, Jan. 20 -- Jharkhand High Court issued the following order on Dec. 19:
1. The instant writ petition has been filed under Article 226 of the Constitution of India for the following relief(s):
"That through the instant writ petition, the petitioner prays for issuance of an appropriate writ(s), order(s), direction(s) particularly a writ in the nature of certiorari for quashing of public notice issued vide letter no. 2002 dated 03.12.2025 (Annexure-9 to this writ petition) under the signature of respondent no.5 so far it relates to the petitioner, as the respondent no.5 pasted the notice on the house of the petitioner situated at Tunki Tola near Talab, RIMS Road, Kokar, Bariatu, Ranchi, having its house no. 798/M23/F, Ward No. 9(old), New House No. 0090001039000A4, New Ward No.10 over the land of Khata No. 38, Plot No. 11, situated at Mouza Kokar, Tunki Tola, area 5 Kathas, Anchal Bargain, and directed to vacate the land after removing his house, treating the same has been constructed over the land belongs to RIMS.
AND
The petitioner further prays that during the pendency of the present writ petition, the operation/implementation of public notice issued vide letter no. 2002 dated 03.12.2025 (Annexure-9 to this writ petition) under the signature of respondent no.5 so far it relates to the petitioner, may kindly be stayed.
AND/OR
For issuance of an appropriate writ(s), order(s), direction(s) as may be deemed fit and proper for doing conscionable justice to the petitioner."
2. The instant writ petition has been filed by the petitioner represented by Mr. Durga C. Mishra, learned counsel by taking the following grounds:
(i) It has been prayed to pass positive order as prayed in the writ petition;
(ii) It has been contended that the writ petitioner is the original owner of the landed property in question pertaining to Khata No.38, Plot No.11, Area 1.27 situated at Mouza Kokar, Tunka Toli, Anchal Bargai, P.S. Sadar, Ranchi recorded in the name of Madru Oraon and others Kayami in the record of rights.
(iii) It has been contended that after purchasing the land from Etwa Oraon and Ors. in the year 2007, the petitioner came in possession and mutation has also been allowed vide Mutation Case No. 2401 R 27/2007-08 and correction slip was issued and the petitioner paid the rent to the State Government. The map has also been sanctioned by the Ranchi Municipal Corporation vide B.C. Case No. 08/622/10 and the RMC has also allotted holding No. 798/M23/F, under Ward No.9 (New Holding No. 009001039000A4) and has paid municipal tax in lieu of grant of receipt to RMC.
(iv) It has been submitted that the documents have also been appended in support of the aforesaid contention do establish the title over the land in question.
3. Mr. Durga C. Mishra, learned counsel for the petitioner has submitted that the Circle Officer, Bargain, Ranchi issued notice under Section 3 of Bihar Public Land Encroachment Act, 1956 vide Encroachment Case No. 05 of 2024-25. Thereafter, the petitioner filed show cause reply apprising the authority regarding his right, title and interest over the land in question.
4. Thereafter, the Estate Officer, RIMS, Ranchi, issued a public notice vide letter no.2002 dated 03.12.2025 directing the petitioner to vacate the premises and handover the same to the RIMS.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x%2BezSsOuFl04MzISq6inLku2zj7DIVuRxE0Ecc59YD%2BY&caseno=WPC/14471/2025&cCode=1&cino=JHHC010430472025&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.