Disposed¶¶18

Mathura Singh v. the State of Jharkhand through Its Chief Secretary

Writ petition (mandamus) – Protection of possession

Jharkhand HC19 Mar 2024WPC/1123/2018

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What is this about?

Mathura Singh v. State of Jharkhand & others, W.P. (C) No. 1123 of 2018, High Court of Jharkhand at Ranchi, decided 19.03.2024 by Anil Kumar Choudhary, J. Petitioner sought mandamus restraining respondents (State of Jharkhand, Deputy Commissioner, Additional Collector, Land Revenue Deputy Collector, Circle Officer Sakchi, Jamshedpur Notified Area Committee) from interfering with his peaceful possession of 21 decimals of land in Mauza Sakchi, East Singhbhum. Writ petition disposed of with direction to respondents not to dispossess petitioner without due process of law. No statute or precedent cited.

What did the court decide?

Direction to the respondents not to dispossess the petitioner over the land without following the due process of law. ¶¶18

Mathura Singh Vs the State of Jharkhand through Its Chief Secretary — Jharkhand HC (2024) — LawSathi Research

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1 W.P. (C). No. 1123 of 2018

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C ) No. 1123 of 2018

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Mathura Singh, aged about 66 years, son of late Siroman Singh, resident of Village- Baliguma, P.O. MGM (Mango), P.S. Mango, Town -Jamshedpur, District-East Singhbhum .......... Petitioner

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Versus

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The State of Jharkhand through its Chief Secretary, Government of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, District- Ranchi.

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Deputy Commissioner, East Singhbhum, P.O. & P.S.-Sakchi, District- East Singhbhum.

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Additional Collector, East Singhbhum, P.O. P.S.Sakchi, District- East Singhbhum

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Land Revenue Deputy Collector, East Singhbhum, P.O. & P.S.-Sakchi, District- East Singhbhum.

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Circle Officer, Sakchi, P.O. & P.S.-Sakchi, DistrictEast Singhbhum;

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Jamshedpur Notified Area Committee, East Singhbhum, P.O. & P.S.-Sakchi, District- East Singhbhum through its Special Officer. ........... Respondents

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For the Petitioner : Mr. A. K. Sahani , Adv. For the Respondents : Ms. Surabhi, AC to AAGII

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court :- Heard the parties.

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Learned counsel for the petitioner submits that this writ petition has been filed with a prayer for issuance of a writ in the nature of mandamus commanding upon the respondents to not to interfere with the peaceful possession of the petitioner over a piece of land measuring an area of 21 Decimals bearing plot no. 152 (New Plot No. 3768) under Khata No. 245 in Ward No. I, in Mauza – Sakchi in the district of East Singhbum.

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2 W.P. (C). No. 1123 of 2018

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It is submitted by learned counsel for the respondents that though the respondents have not filed counter affidavit but the State cannot encroach upon any private land, without following the due process of law, and there is no apprehension for the petitioner, to be dispossessed, without following the due process of law by the respondent.

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Considering the aforesaid facts and circumstances of the case and the submissions made, this writ petition is disposed of with the direction to the respondents, not to dispossess the petitioner, over the land, the record of right of which, stands in the name of his father namely Siroman Singh, without following the due process of law.

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This writ petition is disposed of accordingly.

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(Anil Kumar Choudhary, J.)

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High Court of Jharkhand, Ranchi Dated, the 19^th March, 2024 Smita /AFR

Mathura Singh v. the State of Jharkhand through Its Chief Secretary

Case brief

What is this about?

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Mathura Singh v. the State of Jharkhand through Its Chief Secretary

Case brief

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