1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(C) No. 2117 of 2024 -- Vikas Vidyalaya, a School Affiliated with CBSE, situated at School Complex, Neori, P.O. Neori, P.S. O.P. B.I.T. Mesra, (Thana Sadar), District Ranchi through its Principal Preetinder Singh Kalra, Son of Late Mahinder Singh kalra, aged about 56 years, Resident of Principal's Residence, Vikas Vidyalaya, Neori, P.O. Neori, P.S. O.P. B.I.T. Mesra, (Thana Sadar), District Ranchi-835217. ...Petitioner Versus 1. The State of Jharkhand through the Chief Secretary, Department of Personnel, Administrative Reforms and Rajbhasha Department, having its office at Project Building, Dhurwa, P.O. & P.S. Jagarnathpur, District Ranchi. 2. Deputy Commissioner, Ranchi, officiating from his office at O/o Deputy Commissioner, Ranchi, P.O. & P.S. Ranchi, District Ranchi. 3. Circle Officer, Kanke, officiating from his office at O/o Circle Officer, Kanke, P.O. & P.S. Kanke, District Ranchi. 4. Rahmali Ansari, Son of Abdul Kalam, Resident of Village Neori, P.O. Neori, P.S. O.P. B.I.T. Mesra, (Thana Sadar), District Ranchi-835217. ...Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner : Mr. Prashant Pallav, Advocate Ms. Shivani Jaluka, Advocate For the Resp.-State : Mr. Vishal Kr. Rai, A.C to G.A.-IV For the Resp. No. 4 : Mr. Laxman Kumar, Advocate -- 05/24.03.2025 Learned counsel for the respondent no. 4 intends to file counter affidavit, taken on record. 2. The instant writ application has been preferred by the petitioner for the following reliefs: a. For quashing of the proceedings initiated by the Respondent No. 3 on an application filed by Respondent No.4 for demarcation of the Scheduled Property as the same cannot be permitted when there is private dispute between the parties with respect to the right, title, interest and possession of the Scheduled Property. b. For restraining the Respondents from carrying out any demarcation as the same shall disturb the 2 peace of the Petitioner School. 3. At the outset, learned counsel for the petitioner draws attention of this Court towards Annexure-6, which is notice issued to the petitioner with regard to demarcation of his land by the Circle Officer. Learned counsel further refers to a judgment passed by the Division Bench of this Court in L.P.A. No. 399 of 2023, wherein it has been held that Cabinet had fixed the fee for land demarcation measurement by a survey team and makes no mention of conferring any power on the Circle Officer to make any demarcation. For brevity Paras-5 & 6 are quoted hereinbelow: “5) Reading thereof shows that the cabinet had fixed the fee for land demarcation measurement by a survey team and makes no mention of conferring any power on the Circle Officer to make any demarcation. 6) In this view of the matter, we are of the opinion that the learned Single Judge had erred in giving a finding that Circle Officers are having the necessary power and jurisdiction to carry out demarcation of private properties upon filing of an application by one or the other concerned party on payment of requisite fee. It was not necessary for the learned single Judge to give such a finding once the Circle Officer, Deoghar had actually withdrawn the notices issued by him to the petitioners and the learned single Judge also could not have placed reliance on the cabinet decision which contained no such provision conferring any such power to make demarcation of land on the Circle Officer.” 4. On the basis of such observation, learned Division Bench had quashed the proceeding issued by the Circle Officer. Learned counsel for the petitioner relying upon the said judgment submits that the petitioner has received notice dated 6th March, 2024 (Annexure-6), wherein he has been informed that the demarcation of Scheduled Property has been fixed for 28th March, 2024 and the petitioner should remain 3 present. She contended that since the Circle Officer has no power or jurisdiction to do the same; accordingly notice should be quashed and set aside. 5. Learned counsel for the Respondent-State and private respondent opposed the prayer of the petitioner. 6. Having regard to the facts of the case and the specific finding given by the Division Bench of this Court in L.P.A. No. 399 of 2023, which has been referred to hereinabove; for the reasons alike, the instant writ application is allowed and notice dated 6th March, 2024 (Annexure-6) is quashed and set aside. However, the respondents are at liberty to proceed, in accordance with law. (Deepak Roshan, J.) Jk