Akhtar Hussain Vs the State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2026)

Akhtar Hussain Vs the State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

No relief granted on the writ petition. The petitioner was directed to pursue the pending title suit (Original Suit No.85 of 2024) in the Civil Court, Jamshedpur, and file an application under Order XXXIX, Rule 1 & 2 of the CPC, to be considered by that Court on its own merit without prejudice from this Court's order.

Issue for consideration

Whether a dispute lying wholly between the petitioner and private respondents over alleged unlawful dealing with his land (plot no.165, Khata No.307, Mouza-Kalimati, Thana No.1163, area 3 kathas / 4.95 decimals), while a title suit is already pending between the parties, can properly be pursued through a writ petition under Article 226 of the Constitution of India. +1 more

Court's answer

On going through the writ petition and the prayer therein, the court found that the dispute is entirely between the petitioner and the private respondents, and a Title Suit is already pending between the parties.

Ratio / Principle

Rushing to the High Court by filing an application under Article 226 of the Constitution of India, claiming the aforesaid reliefs, is not the proper approach.

Key takeaways

If the petitioner is aggrieved by any action of the private respondents and wants to injunct them, he must take recourse of Order XXXIX, Rule 1 & 2 of the Civil Procedure Code (CPC) instead of approaching the High Court under Article 226.ratio¶32
With the aforesaid observation, this writ petition stands dismissed.ratio¶34
The petitioner is at liberty to approach the Civil Court in connection with the pending title suit and file an application under Order XXXIX, Rule 1 & 2 of the CPC, which will be considered by the Court concerned on its own merit, without being prejudiced by the order of this Court.

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi, W.P.(C) No.5169 of 2026, decided 22.07.2026 (Coram: Ananda Sen, J.). Petitioner Akhtar Hussain sought, via Article 226, (a) action against private respondents (Respondent Nos.6 to 13) to stop sale and purchase of his land - plot no.165, Khata No.307, Mouza-Kalimati, Thana No.1163, area 3 kathas, total area 4.95 decimals - and (b) directions to the private respondents to return the entire amount obtained pursuant to the allegedly illegal sale. Counsel submitted that a title suit (Original Suit No.85 of 2024) was pending in the Civil Court, Jamshedpur, yet the respondents kept selling the land. The court found the dispute lay wholly between the petitioner and the private respondents with the Title Suit pending, held that rushing to the High Court under Article 226 for such reliefs is not the proper approach, and that an aggrieved petitioner wanting to injunct private respondents must take recourse of Order XXXIX, Rule 1 & 2 of the CPC. The writ petition was dismissed, with the petitioner left at liberty to approach the Civil Court on the pending title suit and file an Order XXXIX, Rule 1 & 2 CPC application, to be considered there on its own merit without prejudice from this dismissal.

2026:JHHC:22015

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.5169 of 2026

Akhtar Hussain, son of Late Saiyad Hussain, resident of Makdampur, Road No.2, House No.57, Makdampur-02, P.O. Tatanagar, P.S. Parsudih, Town Jamshedpur, District East Singhbhum, State Jharkhand. … … Petitioner

Versus

State of Jharkhand.

Deputy Commissioner, East Singhbhum, Jamshedpur, having its office at Sakchi, P.O. and P.S. Sakchi, District East Singhbhum.

Senior Superintendent of Police, East Singhbhum, Jamshedpur, having its office at Sakchi, P.O. & P.S. Sakchi, District East Singhbhum.

Sub-Divisional Officer, Dhalbhum, P.O. + P.S. Dhalbhum, Jamshedpur, East Singhbhum.

Officer-in-charge, Parsudih Police Station, P.O. & P.S. Parsudih, District East Singhbhum.

Khairun Nisha, wife of Abdul Majeed

Kamrul Hudda

Atique-ur-Rehman

Naushad Gaddi, son of Arwar Gaddi

Khalik, son of Anwar Gaddi

Badku, son of Anwar Gaddi

Chatku, son of Anwar Gaddi

Halima Khatoon. Respondent Nos.6 to 13, are residents of Road-02, near 02

Number Imambada, P.O. Taranagar, P.S. Parsudih, Town Jamshedpur, District East Singhbhum, State Jharkhand.

… … Respondents

CORAM : SRI ANANDA SEN, J.

------ For the Petitioner(s) : Mr. Jitendra Nath Upadhyay, Advocate For the Respondent(s) : Mr. Mrinal Kanti Roy, Advocate

02/ 22.07.2026

By filing this writ petition, the petitioner has prayed for the following reliefs:-

"a) For the issuance of an appropriate writ/writs, order/orders, direction/directions upon the respondents-authorities for taking action against the private respondents to stop the sale and purchase of the land of the petitioner pertaining to plot no.165, Khata No.307, Mouza-Kalimati, Thana No.1163, area 3 kathas total area 4.95 decimals.

b) For the issuance of an appropriate writ/writs,

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2026:JHHC:22015

order/orders, direction/directions upon the private respondents to return the entire amount pursuant to sale of the land of the petitioner pertaining to plot no.165, Khata No.307, Mouza-Kalimati, Thana No.1163, area 3 kathas total area 4.95 decimals which was sold illegally."

2. Heard learned counsel representing the petitioner and learned counsel representing the respondents.

3. Learned counsel representing the petitioner submits that a title suit being Original Suit No.85 of 2024, is pending between the parties, in the Civil Court, Jamshedpur, but in spite of filing of the said suit, the respondents are selling the land.

4. After going through the writ petition and the prayer made therein, I find that the dispute is between the petitioner and private respondents. The Title Suit is also pending between the parties.

5. If the petitioner is aggrieved by any of the action of the private respondents and wants to injunct them, he must take recourse of Order XXXIX, Rule 1 & 2 of the Civil Procedure Code (CPC). Rushing to the High Court by filing an application under Article 226 of the Constitution of India, claiming the aforesaid reliefs, is not the proper approach.

6. With the aforesaid observation, this writ petition stands

dismissed .

7. The petitioner is at liberty to approach the Civil Court in connection with the aforesaid title suit and file an application under Order XXXIX, Rule 1 & 2 of the CPC, which will be considered by the Court concerned on its own merit, without being prejudiced by the order of this Court.

(ANANDA SEN, J.)

22^nd July, 2026 Prashant. Cp-2

Uploaded on 28.07.2026

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