Rashi Raj Shilpa v. The State of Jharkhand

2.

4. 5. 6. The State of Jharkhand. The Secretary, Revenue and Land Reforms Department, Project Bhawan, PO & PS-Dhurwa, Dist-Ranchi. Deputy Commissioner, Simdega, PO, PS & Dist-Simdega Sub Divisional Officer, Simdega, PO, PS & Dist-Simdega Circle Officer, Simdega, PO, PS & Dist-Simdega Nagar Parisad, Simdega, PO, PS & Dist-Simdega … … Respondent(s)

------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) For the Respondent(s) : AC to SC (L&C)-I : Mr. Amar Kr. Sinha, Advocate ------ 22/ 11th June, 2026

Heard the parties. After hearing the parties, I find that the State is raising a serious dispute in respect of the title of the petitioner.

3. The State claims that the land in question is a Gair Majarua land which belongs to the State whereas the petitioner claims title over the same. The petitioner relies upon a judgment in the partition suit.

In the partition suit, the State was not a party. Further, it is clear that a partition suit does not decide or confer title upon any party.

Considering the dispute which has been raised, which needs to be adjudicated by leading oral and documentary evidence, it will not be appropriate for this Court to decide the issue in an application under Article 226 of the Constitution of India.

The petitioner is thus directed to immediately approach the Civil Court of competent jurisdiction by filing a suit for declaring right, title and interest of the land in question and also for restraining the respondents from interfering with the possession of the land. If in the said suit, any interlocutory application under Order XXXIX Rule 1 & 2 is filed, the same should be decided immediately preferably within a period of 10 days from filing of the said application on the 1 merits of case and strictly on the principles laid down in under Order XXXIX Rule 1 & 2 of the CPC.

With the aforesaid observations, this writ petition stands disposed of.

(ANANDA SEN, J.)

11.06.2026 S.K.D/CP-2 Uploaded on 15.06.2026 2