Disposed

Raj Kumar Kamal v. Heavy Engineering Corporation Limited through Its Chairman Cum Managing Director

Jharkhand HC18 Jun 2026WPC/3827/2021

Case brief

AI extract

What is this about?

Two writ petitions challenged HEC Estate Section letters directing occupants of Corporation quarters to pay outstanding dues and vacate within ten days. The Court held eviction can only occur per law via the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and directed a fresh quantified notice process for dues; petitions disposed accordingly.

What did the court decide?

Petitioners permitted to show payment records; eviction only via Public Premises (Eviction) Act, 1971; fresh quantified dues notices with reasonable period required.

Raj Kumar Kamal Vs Heavy Engineering Corporation… — Landlord and Tenant | Jharkhand HC (2026)

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2026:JHHC:18010

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3806 of 2021

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Pushpa Devi Thapa, widow of Late Devendra Singh Thapa, presently residing at Quarter No.A-44, Sector 2, HEC Colony, Post Dhurwa, Police Station Jagarnathpur, District Ranchi. … … Petitioner

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Versus

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Heavy Engineering Corporation Limited, Ranchi, through its Chairman-cum-Managing Director, officiating from HEC Building, Post Dhurwa, Police Station Jagarnathpur, District Ranchi.

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The Manager/ (Estate), HEC Town Administration Division (Estate Section) officiating from HEC Building, Post Dhurwa, Police Station Jagarnathpur, District Ranchi.

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… … Respondents

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WITH

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W.P.(C) No.3827 of 2021

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Raj Kumar Kamal, son of Late Dev Narayan Mahto, presently residing at Quarter No.A-041, Sector 2, Post Dhurwa, Police Station Jagarnathpur, District Ranchi. … … Petitioner

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Versus

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Heavy Engineering Corporation Limited, Ranchi, through its Chairman-cum-Managing Director, officiating from HEC Building, Post Dhurwa, Police Station Jagarnathpur, District Ranchi.

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The Manager/ (Estate), HEC Town Administration Division (Estate Section) officiating from HEC Building, Post Dhurwa, Police Station Jagarnathpur, District Ranchi.

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… … Respondents

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mrs. Ritu Kumar, Advocate Mr. Samavesh Bhanj Deo, Advocate Mr. Raj, Advocate

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For the Respondent(s) : None present.

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08/ 18.06.2026

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No one appears on behalf of the respondents.

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2. Heard learned counsel representing the petitioners.

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3. By filing these writ petitions, the petitioners pray for

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quashing the letter contained in Memo No.317 dated 15.09.2021

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[Annexure-5 to W.P.(C) No.3806 of 2021], and letter contained in

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2026:JHHC:18010

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Memo No.315 dated 15.09.2021 [Annexure-5 to W.P.(C) No.3827 of 2021], issued under the signature of respondent No.2 directing the petitioners to clear the outstanding dues and vacate the quarter within ten days.

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3.1. The petitioners further pray to direct the respondents not to disturb the peaceful possession of the petitioners over the Quarter No.A-044, Sector 2 [in W.P.(C) No.3806 of 2021] and Quarter No.A-041, Sector-2 [in W.P.(C) No.3827 of 2021].

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4. It is the case of the petitioners that the petitioners are the authorized occupants of the aforesaid Quarters in question and they are paying rent, thus the issuance of the aforesaid letters is absolutely bad.

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5. I have gone through the impugned letters, which are quoted as hereinbelow:-

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In W.P.(C) No.3806 of 2021:-

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"HEAVY ENGINEERING CORPORATION LIMITED TOWN ADMINISTRATION DIVISION (ESTATE SECTION)

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No.: TA/Estate/Property file (A-044/2)/2021-317 Dated:15.09.2021

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Sri / Smt P.DEVI THAPA W/o Late D.S. THAPA, P.No-38939 Project-3 (Ex-Sr Driver C MEC) Qtr.No.A-044, Sector-2, P.O. Dhurwa, Ranchi-834004

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Sub: Non-Vacation of Qtr.No. A-044,Sector-2 and clearance of outstanding dues.

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Ref: i) Allotment Order No.521/94 Dated 03.08.1994. ii) Our Letter No. TA/M(S)/2013-349 Dated 09.03.2013.

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Please refer letter under reference No. (IV). You have still not vacated your Qtr.No. A-044, Sector-2. It has been noticed that you are under unauthorized occupation of Qtr. No. A-044, Sector-2 which is against the quarter allotment rules of the Corporation.

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2026:JHHC:18010

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You are hereby advised to clear the outstanding dues and vacate the Quarter within 10 days from the date of issue of the notice to avoid legal action including forcible eviction.

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Manager/Estate"

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In W.P.(C) No.3827 of 2021:-

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"HEAVY ENGINEERING CORPORATION LIMITED TOWN ADMINISTRATION DIVISION (ESTATE SECTION)

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No.: TA/Estate/Property file (A-041/2)/2021-315 Dated:15.09.2021

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To Sri Raj Kumar Karmal S/o. Late D.N. Mahto P.No-80402 Project-3 Qtr.No.A-041, Sector-2, P.O. Dhurwa, Ranchi-834004

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Sub: Non-Vacation of Qtr.No. A-041,Sector-2 and clearance of outstanding dues.

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Ref: i) Allotment Order No.766/94 Dated 20.12.1994.

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ii) Our Letter No. TA/M(S)/2013-1474 Dated 15.06.2013.

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Please refer letter under reference No. (IV). You have still not vacated your Qtr.No. A-041, Sector-2. It has been noticed that you are under unauthorized occupation of Qtr. No. A-041, Sector-2 which is against the quarter allotment rules of the Corporation.

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You are hereby advised to clear the outstanding dues and vacate the Quarter within 10 days from the date of issue of the notice to avoid legal action including forcible eviction.

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Manager/Estate"

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6. From the aforesaid letters, it is clear that the petitioners

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have been asked to clear the outstanding dues and vacate the aforementioned Quarters in question within ten days.

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7. Eviction of a Quarter in question can only be done in accordance with law. If the petitioners are declared unauthorized occupant, the Company should invoke the provisions of "The Public Premises (Eviction of Unauthorised Occupants) Act, 1971". Without

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2026:JHHC:18010

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following the due process of law, a person cannot be evicted.

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8. So far as the dues are concenred, the petitioners should approach the Manager/(Estate), Heavy Engineering Corporation Limited, Town Administration Division (Estate Section), with necessary documents to substantiate that they have paid all the rents and nothing is due.

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9. If the respondent Authority disagrees with the explanation given by the petitioners and claims further amount on account of rent, fresh notices are to be issued to the petitioners quantifying the amount and the details thereof. Once the same are issued to the petitioners giving a reasonable period, it is expected that the petitioners will clear the said dues.

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10. With the aforesaid observations, these writ petitions stand disposed of .

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(ANANDA SEN, J.)

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18th June, 2026 Prashant. Cp-2

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Uploaded on 22.06.2026

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Raj Kumar Kamal v. Heavy Engineering Corporation Limited through Its Chairman Cum Managing Director

Case brief

What is this about?

What did the court decide?

Raj Kumar Kamal v. Heavy Engineering Corporation Limited through Its Chairman Cum Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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