Sushil Kumar Pathak Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

Sushil Kumar Pathak Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

2026:JHHC:2739

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Writ Jurisdiction)

W.P. (C) No.40 of 2023

Sushil Kumar Pathak aged about 45 years son of Late Arjun Pathak resident of Village Maramdiri, P.O.-Kamta, P.S.-Sadar, District-Chatra.

…. …. Petitioner(s)

Versus

1. The State of Jharkhand

2. The Deputy Commissioner, Chatra, P.O.+P.S.- Chatra, District – Chatra.

3. The additional Collector, Chatra, P.O.+P.S.- Chatra, District – Chatra.

4. The Sub Divisional Officer, Chatra, P.O.+P.S.- Chatra, District – Chatra.

5. The Circle Officer, Chatra, P.O. and P.S. Chatra, District Chatra.

6. Riyasat Ansari Son of Late Ishaq Miyan resident of Village Damdoiya, P.O. and P.S. Chatra, District Chatra.

7. Ashok Yadav Son of Late Sukar Yadav

8. Prabhu Yadav Son of Jugal Yadav

9. Lalan Ram Son of Sahdeo Ram

10. Aanand Kumar Yadav Son of Somar Yadav

11. Mohan Yadav Son of Late Badhan Yadav

12. Vishwanath Ray Son of Ramcharita Ray

13. Amrit Yadav Son of Late Thakuri Yadav

Respondent Nos.7 to 13 are residing at Village Dahuri, P.O.+P.S.- Sadar, District – Chatra. …. …. Respondent(s)

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

For the Petitioner(s) : Mr. Hemant Kr. Shikarwar, Adv. For the Respondent(s) : Mr. Abhinay Kumar, A.C. to G.A.-I Mr. Vijay Kr. Sharma, Adv. Mrs. KM. Poonam Verma, Adv.

10/Dated: 03^rd February, 2026

1. The present writ petition has been filed for following reliefs:-

“(a) For issuance of an appropriate writ, order, direction especially in the nature of certiorari quashing Review Case No.5 of 2022-23 and its entire proceeding as the same is totally illegal and against law.

(b) For issuance of an appropriate writ, order, direction especially in the nature of mandamus commanding upon the respondent no.3 not to proceed with Review Case No.5 of 2022-23 and stay the entire proceeding of Review Case

2026:JHHC:2739

No.5 of 2022-23 during the pendency of the writ application.

(c) For issuance of an appropriate writ, order, direction especially in the nature of mandamus quashing the notice issued to the petitioner dated 29.06.2022 issued vide Memo No.72 dated 29.06.2022(Annexure-5) and also notice dated 21.12.2022 issued vides Memo No.2033 dated 21.12.2022. (Annexure-24)

(d) For issuance of an appropriate writ, order, direction especially in the nature of quashing the order dated 16.09.2022 issued vides letter no.1554 dated 16.09.2022 (Annexure-7) by the respondent no.3 for stay of construction and encroachment?

(e) For issuance of an appropriate writ, order, direction especially in the nature for quashing the order of the learned S.D.O. (respondent no.4) vides letter no.1109 dated 22.09.2022 (Annexure-8) whereby direction has been given to the Circle Officer, Chatra for stay of construction and encroachment.

(f) For issuance of an appropriate writ, order, direction especially in the nature mandamus commanding upon the respondents authorities to pay compensation of Rs.10 Lakh to the petitioner for being illegally harassed by the respondents.”

2. The impugned proceeding is Review Case No.05/2022-2023 which is pending wherein the objection has been raised by the petitioner that it is not maintainable. The issue has not been decided till date.

3. In that view of matter, the present writ petition is hereby disposed of directing the adjudicator before whom the review case is pending to adjudicate the matter including the preliminary objection raised by the petitioner as early as possible preferably within a period of three months after giving due notice and opportunity to the affected parties.

(Rajesh Kumar, J.)

Dated: 03^rd February, 2026 Amar/Uploaded on 04.02.2026

Page | 2

W.P. (C) No.40 of 2023