Mangru Saw Vs the State of Jharkhand

Chairman-cum-Managing Director (CMD), Central Coalfields Limited (CCL), Central Coal House, Kutchery Road, Ranchi University, Morabadi, P.O. CMD CCL Darbhanga House Ranchi, P.S. Bariatu, District Ranchi, State Jharkhand.

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General Manager (Giridih Area), Central Coalfields Limited (CCL), Beniadih, P.O. Beniadih, P.S. Giridih (M), District Giridih, State Jharkhand.

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Chief Manager, Central Coalfields Limited (CCL), Giridih, P.O. Beniadih, P.S. Giridih (M), District Giridih, State Jharkhand.

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Project Officer-cum-Deputy Chief Manager (Personnel), Central Coalfields Limited (CCL), Giridih Area, P.O. Beniadih, P.S. Giridih (M), District Giridih, State Jharkhand.

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… … Respondents

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-----CORAM : SRI ANANDA SEN, J.

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------ For the Petitioner(s) : Mr. Sujit Kumar Singh, Advocate through V.C. Ms. Saba Ali, Advocate

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For the Respondent(s) : Mr. Amit Kumar Das, Sr. Advocate, with Mr. Sahay Gaurav Piyush, Advocate Mrs. Swati Shalini, Advocate

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2026:JHHC:18011

09/ 18.06.2026

Learned counsel Mr. Sujit Kumar Singh, appears through virtual mode. There is no complaint with regard to the clarity and quality in audio or video.

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2. By filing this writ petition, the petitioners have prayed for the following reliefs:-

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"to issue necessary writ/writs(s), order/order(s), direction/direction(s) commanding upon the Respondent Authorities to stay on further demolition of any home or other structures of petitioners and other villagers of Maheshlundi Village without following any legal process and stay on forceful dispossession from their lands by declaring them encroachers illegally, arbitrarily by district administration and the officials of C.C.L. Giridih for the construction of residential houses of Judges of Giridih district or any other government building."

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3. Heard learned counsel representing the petitioners and learned counsel representing the respondents.

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4. It is the case of the petitioners that the lands in question belong to the Central Coalfields Limited (CCL), which were allotted to the 4^th generation of the petitioners and the houses and other structures in question are being demolished by the respondents without following the due process of law.

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5. From the counter affidavit filed on behalf of the Central Coalfields Limited, it is clear that mining activities were being undertaken on the lands in question far back since 1857 and the operation of mine over the said lands were being taken by different

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entities i.e. East India Railway Company from the year 1896, by the then Government of India, since 1936 and by the National Coal Development Corporation since 1956. Ultimately, on and from 01.11.1975, the said collieries are being operated by the Central Coalfields Limited under the Coal India Limited. In the said counter affidavit, it has also been averred that the petitioners are the encroachers, as they have got no right, title or interest over the said land. Para-8 and 9 of the counter affidavit, are quoted hereinbelow:-

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" 8. That it is stated that mining activity at Giridih area commenced far back in far back in 1857 under the private owners which continued till 1895. Subsequently, with effect from 01.11.1896 the mines were being run by East India Railway Company and they continued operating the mines until 31.03.1936 and thereafter, the mining right over the said land was taken over by the then Government of India and the said colliery was operated by the then Government of India from 01.04.1936 to 30.09.1946. Thereafter, with effect from 01.10.1956 the mines were run by National Coal Development Corporation until 31.10.1975 and on and from 01.11.1975 the said colliers are being operated by the Central Coalfields Limited under the Coal India Limited.

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9. That it is stated that Central Coalfields Limited is in occupation of 4172.73 acres of land over which they have exclusive surface right and this besides, they have further mining right over 4057.56 acres of land. All the properties which were acquired by the then Government of India and subsequently passed on National Coal Development Corporation are presently under the exclusive ownership of Central Coalfields Limited. The petitioners have no right, title or interest over the land, rather they

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are encroaching over the said land and the present answering respondents i.e. Central Coalfields Limited have never given any right of leave or licence to any person to occupy the said land. The present petitioners are trying to encroach upon the said land which was already vested with National Coal Development Corporation and thereafter with the Central Coalfields Limited. The petitioners have no right to make any construction over the said land which is in exclusive ownership and possession of the Central Coalfields Limited. The petitioners have not inherited any right nor they have any interest over the property. The petitioners are the encroachers who are trying to encroach upon the land which the answering respondents are resisting."

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5.1. From the aforesaid statement on oath given by the respondent - CCL, it is clear the petitioners were engaged in usurping the physical possession of the land.

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6. From perusal of the counter affidavit filed on behalf of the respondent - State, wherein at para-12 it has been averred that " no rent receipt either of Zamindari or Govt. rent receipt, RegisterII have been annexed by the petitioners and even there is no whisper of the possession or the title of the petitioner in the writ petition ", it is clear that the petitioners do not have any right, title or interest over the property in question.

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7. On query, learned counsel representing the petitioners clearly states that there is no title in favour of the petitioners. Once the petitioners admit that there is no title of the petitioners or their ancestors over the land in question, no relief can be granted to the

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petitioners.

8. Accordingly, this writ petition stands dismissed .

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9. If the petitioners pray for any other relief, it will be open

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to the petitioners to avail the appropriate remedy by approaching

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the Civil Court.

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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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Mangru Saw v. the State of Jharkhand

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Mangru Saw v. the State of Jharkhand

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