2025:JHHC:28794 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4289 of 2023 Chinibas Mahato aged about 63 years son of Late Radha Nath Mahato, resident of Amra Bera, P.O. Amrabera, P.S. Barabazar, District Purulia. …… Petitioner Versus 1. The State of Jharkhand. 2. Deputy Commissioner, East Singhbhum, P.O. and P.S. - Sakchi, Town – Jamshedpur, District – East Singhbhum. 3. Sub Divisional Officer, Dhalbhum, Jamshedpur.P.O. and P.S. - Sakchi, Jamshedpur, District – East Singhbhum. 4. Circle Officer, Patamda, P.O. & P.S. Patamda, District East Singhbhum. 5. Lal Mohan Ruhidas son of Prahalad Chandra Ruhidas, resident of village Bangurda, P.O. and P.S. Kamalpur, District East Singhbhum. 6. Lakhi Kanto Charmakar son of Kahindi Charmakar, resident of village Bangurda, P.O. and P.S. Kamalpur, District East Singhbhum. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Akshay Kr. Mahato, Advocate For the Resp.-State : Mr. Prabhat Kumar, S.C.-II Mr. Sushant Kumar, AC to S.C.-II For the Resp. No.5 : Mr. Harendra Kr. Mahato, Advocate Mrs. Ahalya Mahato, Advocate Ms. Jyotsna Mahato, Advocate --------- 09/Dated: 18 th September, 2025 1. Pursuant to order dated 17.09.2025, Mr. Rajendra Kumar Das, Circle Officer, Patamda, East Singhbhum, is present before this Court. 2. Mr. Harendra Kumar Mahato, learned counsel, accepts notice on behalf of respondent No.5 and files vakalatnama and counter affidavit. Office is directed to keep the same on record. 3. Heard learned counsel for the parties. 4. The present writ petition has been filed for the following reliefs :- “(a) For issuance of appropriate writ/ writs, order/ orders, direction/ direction to set aside the Notice - 1 - W.P.(C) No.4289 of 2023 2025:JHHC:28794 dated 03.07.2023 issued by the Circle Officer, Patamda in Demarcation Case No.71/ 2023-24 (Annexure – 4) issued to the petitioner in respect to land of Petitioner situated at Mouza Makula, thana No.97,Khata No.165, Plot No.582, area 53 decimals, on the basis of application for demarcation of land filed by the respondent No.5 although Respondent No.5 is stranger in respect to the aforesaid land and Decree is in favour of the father of the petitioner in respect to the aforesaid land; (b) For issuance of appropriate writ/ writs, order/ orders, direction/ direction to set aside/ quash the entire proceeding of Demarcation Case No.71/ 2023-24, pending before the court of Circle Officer, Patamda in respect to land of Petitioner situated at Mouza Makula, Thana No.97,Khata No.165, Plot No.582, area 53 decimals, initiated on the basis of application for demarcation of land filed by the respondent No.5 .” 5. It is settled principle of law that demarcation cannot creates a right in favour of one or another person rather in a disputed piece of land, the Circle Officer has no right to initiate and maintain a demarcation case. The Circle Officer is merely a service provider and he is not an adjudicator. 6. Considering the legal position, the present writ petition is hereby, disposed of with a declaration that any demarcation made in the pursuance of Notice dated 03.07.2023, issued by the Circle Officer, Patamda in Demarcation Case No.71/ 2023-24 (Annexure – 4), will not create any right in favour of one and other party. The parties are at liberty to work out their remedy in accordance with law. 7. With the aforesaid liberty, the present writ petition is hereby, disposed of. 8. Pending interlocutory application, if any, also stands disposed of. - 2 - W.P.(C) No.4289 of 2023 2025:JHHC:28794 9. Personal appearance of the Circle Officer, Patamda, East Singhbhum, is, hereby, dispensed with. (Rajesh Kumar, J.) 18th September, 2025 Ravi-Chandan/- - 3 - W.P.(C) No.4289 of 2023