Jharkhand High Court
Md. Hafiz vs The State Of Jharkhand on 4 February, 2026
Author: Rajesh Kumar
Bench: Rajesh Kumar
2026:JHHC:2896
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.6519 of 2025
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Md. Hafiz, aged about 57 years, Son of Late Abdul Rahim, resident of Village Nagwan, P.O & P.S. Chatra, District Chatra .... .... Petitioner
-Versus-
1. The State of Jharkhand
2. Commissioner, North Chhotanagpur Division, Hazaribag, having its office at Hazaribag, P.O. + P.S. District Hazaribag, Jharkhand
3. Deputy Commissioner, Chatra, having its office at Collectorate, Chatra, P.O. + P.S. + District Chatra, Jharkhand
4. Land Reforms Deputy Collector, Chatra, having its office at Collectorate, Chatra, P.O. + P.S. District Chatra, Jharkhand
5. Circle Officer, Chatra, having its office at Chatra, P.O. + P.S. + District Chatra, Jharkhand .... .... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Pratik Sen, Advocate For the State : Mr. Vincent Marki, AC to AAG-III
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th 06/Dated: 04 February, 2026
1. Heard the parties.
2. The present writ petition has been filed for following reliefs:-
"(a). for quashing the notice dated 27.04.2024 (Annexure-7) issued to the petitioner by the Circle Officer, Chatra in connection with Misc. Case No.1/2022-23 (State v. Hafij Mian) informing that he has recommended to cancel the Jamabandi of the land pertaining to Mauja Nagwan, Thana No. 182, Khata No.16, Plot No.147, total area .74 acre, Khata No.118, Plot No.151, area .23 acre and Khata No.119, total area 1.13 acre, nature of land Sairat Land, Jamabandi of which land was existing in Register-II at Page No.84/1 in the name of Bibi Kolsam wife of Rahim Mian @ Abdul Rahim vide order dated 01.03.2023 and sent the record of the case to the Land Reforms Deputy Collector, Chatra and further it has been mentioned in the said notice that it has been reported by the concerned Revenue Sub-Inspector that at present the petitioner is making construction work on the said sairat land in contravention of the order of the Government and therefore the petitioner has been directed to remove the alleged illegal construction from aforesaid the lands within a period of one week.
(b). for quashing the order dated 01.03.2023 (certified copy not supplied to the petitioner) passed by the Circle Officer, Chatra in connection with Misc.
Case No. 1/2022-23 (State v. Hafij Mian) whereby and whereunder, the Circle Officer, Chatra has recommended to cancel Jamabandi existing in Register-II 2026:JHHC:2895 at Page No.84/1 in the name of Bibi Kolsam wife of Rahim Mian with respect to the aforesaid lands and sent the record of the case to the Land Reforms Deputy Collector, Chatra: and,
(c). During pendency of the writ petition, your Lordship may further be pleased to stay the operation of the impugned notice dated 27.04.2024 issued to the petitioner by the Circle Officer, Chatra as well as the order dated 01.03.2023 passed in connection with Misc. Case No.1/2022-23 (Hafij Mian V. State)by the Circle Officer, Chatra."
3. Since there are various disputes which can be determined only by the competent Civil Court after evaluating the material which to be converted into evidence by following due process of law. Such dispute cannot be resolved by the writ jurisdiction.
4. Facing such situations, learned counsel for the petitioner seeks permission to withdraw the present writ petition with a liberty to work out his remedy in accordance with law. Further prayer has been made that at least three months' time should be granted to invoke the jurisdiction of the Civil Court including the protection under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure Code, 1908 if any.
5. Learned counsel for the State has only asserted that it is sairat land.
6. Be that as it may, since this is a disputed question of fact which can only be resolved by the competent Civil Court by following due process.
7. In that view of the matter, the petitioner is permitted to withdraw the present writ petition with the aforesaid liberty.
8. The parties are directed to maintain status quo for three months from today.
9. With the above observation and direction, the present writ petition stands disposed of.
(Rajesh Kumar, J.)
04th February, 2026
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Page No.2 W.P.(C) No.6519 of 2025