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High Court of Jharkhand · body

2025 DAILYLAW 18285 (JHR)

VINDESHWARI MEHTA v. THE STATE OF JHARKHAND

WPC/3838/2025 · 2025-08-04

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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(2025:JHHC:21694) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3838 of 2025 .... 1. Vindeshwari Mehta, aged about 54 years, S/o Sitaram Mehta, R/o Vill. Ahmadnagar, P.O.-Japla, P.S.-Hussainabad, District-Palamau, Jharkhand 2. Kameshwar Mehta, Aged about 63 years, S/o Sitaram Mehta, R/o Vill. Ahmadnagar, P.O.-Japla, P.S.-Hussainabad, District-Palamau, Jharkhand .… Petitioners Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Palamau, having its office at Collectoriate Building, Palamau, P.O. & P.S.-Palamau, District-Palamau, Jharkhand 3. Sub Divisional Officer, Hussainabad, having its office at Hussainabad, P.O. & P.S.- Hussainabad, District-Palamau, Jharkhand 4. Circle Officer, Hussainabad, having its office at Circle Office, Hussainabad, P.O. & P.S.-Hussainabad, District-Palamau, Jharkhand 5. Circle Inspector, Hussainabad, having its office at Circle Office, Hussainabad, P.O.+P.S.- Hussainabad, Dist.-Palamau, Jharkhand 6. Halka Karamchari, Hussainabad, having its office at Circle Office, Hussainabad P.O.+P.S.- Hussainabad, Dist.-Palamau, Jharkhand .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioners : Mr. Harsh Tiwary Adv. For the State : Mr. Suraj Prakash, AC to SC-VII .... 03/04.08.2025 1. The present writ petition has been filed for following reliefs:- “i. For direction to the respondents especially respondent no. 4 to complete the process of demarcation and measurement of land of the petitioner pertaining to Plot No. 128/386, Khata No. 3, having total area of 50 decimals and situated at Mouza- Ahmadnagar, Thana- Hussainabad, Palamau. ii. For the issuance of an appropriate writ or writs in the nature of mandamus for directing the respondent authorities to carry out and complete the measurement of the land of the petitioner in the presence of the Magistrate. iii. For a further direction upon the Respondent No. 4 to dispose off the representation dated 12.06.2025 in view of the fact of the said application.” 2. The description of land is as follow:- “Land pertaining to Plot No. 128/386, Khata No. 3, having total area of 50 decimals situated at Mouza- Ahmadnagar, Thana- Hussainabad, Palamau.” 3. It is settled law that the Circle Officer is only a service provider not adjudicator. If there is any dispute upon any piece of land, it cannot be resolved by the Circle Officer under the garb of demarcation. (2025:JHHC:21694) 2 W.P.(C) No.3838 of 2025 4. In that view of the matter, the present writ petition stands disposed of directing the respondent-authority to proceed in accordance with law after giving due notice as required under the law. If there is any dispute, he is not supposed to measure the land. 5. With above observation and direction, the present writ petition stands disposed of. (Rajesh Kumar, J.) Shahid/ uploaded