Pindrabera Playground Bachao Sangarsha Samittee, Pindrabera, through Its President Mihir Mahali, Vs State of Jharkhand Represented by Chief Secretary, Government F Jharkhand

2025:JHHC:22863-DB

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (PIL) No. 4155 of 2025

Pindrabera Playground Bachao Sangarsha Samittee, Pindrabera, P.S. Gamharia, District- Seraikella-Kharsawan, having its office at village Pindrabera, P.O.- Pindrabera, P.S. -Gamharia, District - SeraikellaKharsawan through its President Mihir Mahali, aged about 46 years, son of Pawan Mahali, resident of village- Rapacha, P.O.- Baramari, P.S. Gamharia, District - Seraikella-Kharsawan ... Petitioner

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Versus

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(1) State of Jharkhand represented by Chief Secretary, Govt. of Jharkhand, Ranchi having its office situated at Project Bhawan, Dhurwa, P.O. and P.S. - Dhurwa, District - Ranchi.

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(2) Principal Secretary, Department of Revenue and Land Reforms, Govt. of Jharkhand, Ranchi, having its office situated at Project Bhawan, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi.

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(3) Principal Secretary, Department of Urban Development, Govt. of Jharkhand, Ranchi, having its office situated at Project Bhawan, Dhurwa, P.O. and P.S. - Dhurwa, District - Ranchi.

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(4) Commissioner, Kolhan Division, Singhbhum, having its office at Commissioner's office, P.S. Sadar Chaibasa, P.O. Chaibasa, DistrictWest Singhbhum, Jharkhand.

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(5) Deputy Commissioner, Seraikella-Kharsawan, P.O. and P.S.Seraikella, District - Seraikella-Kharsawan.

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(6) Sub Divisional Officer Sadar, Seraikella-Kharsawan, P.O. and P.S.Seraikella, District - Seraikella-Kharsawan.

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(7) Land Reforms Deputy Collector, Seraikella, P.O. and P.S.Seraikella, District - Seraikella-Kharsawan.

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(8) Circle Officer, Gamharia Circle at and P.O. Adityapur, P.S. Adityapur, District - Seraikella-Kharsawan.

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(9) Vishwanath Santhalia, son of Late Ghasiram Santhalia, resident of Diagonal Road, Bistupur, P.O. and P.S.- Bistupur, Town Jamshedpur, District- Seraikella-Kharsawan. ... Respondents

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--------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR

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--------For the Petitioner : Mr. Prabhash Kumar, Advocate Mr. Manish Sharma, Advocate. For the State : Mr. Sahbaj Akhtar, A.C. to AAG-III ---------

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02/Dated: 07.08.2025

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Heard the parties.

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This W.P.(PIL) has been filed for the following substantial reliefs:

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“ (A) Rule Nisi for issuance of a writ or a writ of or in the nature of a writ of Mandamus directing and commanding upon Respondents concerned to immediately and forthwith stop any illegal and unlawful activities of making any encroachment and to make any unlawful constructions by any person/private Respondents situated at village Pindrabera upon Plot No.772, Khata No.71, measuring an area of about one acre P.O.- Pindrabera, P.S. Gamharia, District - Seraikella-Kharsawan as the aforesaid land is recorded as Gair Mazurwa land in Revenue Records and left for the welfare and common use of the general public of village Pindrabera, P.S. Gamharia, District - Seraikella-Kharsawan AND To preserve the present status of land and protect its surroundings which is being used as play ground by the villagers AND To take all possible measures by way of erecting fencing upon said land by the State of Jharkhand and to protect the interest of General Public of that village/area AND The aforesaid land may be used for common activities, educating minor children by running school, hospital, sports activities and other tribal and customarily activities and to take up all developmental works in and around of aforesaid Plot of land for its beautification and by constructing boundary wall around the said land and other amenities of toilets etc.

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(B) For issuance of a writ of Mandamus directing and commanding upon Respondents concerned to take immediate steps for disposal of representations filed by villagers before the Respondents concerned in accordance with law and rules as framed by Sate Government.

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(C) For issuance of a writ of prohibition, prohibiting and restraining the Respondents/Private Respondent No. 9 Vishwanath Santhalia to take any unlawful steps for making any encroachment and constructions upon the aforesaid land and to preserve its present form of land and sanctity and other Respondents may be directed to preserve the present sanctity, status of land and surrounding areas and not to make any unlawful construction upon said land by any persons.”

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The petitioner has a remedy under Section 3 of the Jharkhand

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Public Land Encroachment Act, 1956 in case he or the other residents

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of the area are aggrieved by some sort of encroachments being made on public land.

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As regards the prayer for construction of the religious places, suffice it to say that this is not within the domain of this Court to issue such kind of direction.

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Consequently, there is no merit in this W.P. (PIL). Accordingly, this W.P. (PIL) is dismissed.

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The petitioner is at liberty to approach the Circle Officer. In case any complaint is filed to the Circle Officer, the Circle Officer shall enquire into the same and take appropriate action in accordance with law.

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