ABHIJEET BOSE REPRESENTED THROUGH HIS ATTORNEY NAMELY SHASHI RANJAN KUMAR, v. THE STATE OF JHARKHAND
WPC/1361/2025 · 2025-06-12
Gautam Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27042 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27042 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:15311
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 1361 of 2025
Abhijeet Bose, S/o Amar Bose, R/o 1063/1F, Kalindipuram, Rajroopur, Prayagraj, Near Patanjali Store (Allahabad) Uttar Pradesh, Pin- 211011 represented through his attorney namely Shashi Ranjan Kumar, S/o Sri Vrihaspati Narayan Singh, Address- Village, Dotalla, River Side, P.O. Bhurkunda, P.S. -Patratu, Dist.-Ramgarh, Jharkhand, Pin 829135.
.... .... Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Ranchi, Collectorate Building, Ranchi, P.O.- GPO, P.S.-Kotwali, Dist.- Ranchi, Pin-834001, State- Jharkhand.
3. Sub Divisional Officer Ranchi, Collectorate Building, Ranchi, P.O.-GPO, P.S.-Kotwali, Dist.- Ranchi, Pin-834001, State- Jharkhand.
4. Deputy Collector Land Reforms Ranchi, Collectorate Building, Ranchi, P.O.-GPO, P.S.-Kotwali, Dist.- Ranchi, Pin-834001, State- Jharkhand.
5. The Circle Officer Town Circle Ranchi, Circle Office Town Circle Ranchi, P.O.-GPO, P.S.-Kotwali, Dist.- Ranchi, Pin-834001, State- Jharkhand.
… …. Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner
: Mr. Rajesh Kumar Tiwari, Advocate
: Mr. Vishwanath Moon, Advocate
For the Respondents-State : Mr. Devesh Krishna, Advocate
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Order No. 03 / Dated : 12.06.2025.
1. The instant writ petition has been filed under Article 226 of the Constitution of India for direction upon respondent no. 5 to dispose of the representation filed by the petitioner on 18.06.2024 by a reasoned order.
2. The brief facts leading to the present case, are that a family membership certificate bearing No. 229 dated 18.08.2021 was issued from the office of the Circle Officer, Town Circle, Ranchi. The petitioner being aggrieved by issuance of the said certificate sought for information under the R.T.I. Act, 2005 from the Circle Officer, Town Circle, Ranchi with regard to the materials on the basis of which the said certificate was issued. On receipt of the said information on 14.06.2024, the petitioner filed a representation on 18.06.2024 for issuance of the family member certificate.
3. For disposal of the said representation, the instant writ petition was filed. During the pendency of the present writ application, the Circle Officer, Town Circle, Ranchi vide order dated 24.01.2025 passed an order declaring the membership of the family.
2025:JHHC:15311
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4. The matter did not end there, which will be apparent from the counter affidavit that the said order, which was passed, was withdrawn after spot investigation and considering the other materials.
5. It is submitted by learned counsel for the petitioner that once the Circle Officer, Town Circle, Ranchi had passed an order on the representation of the Petitioner, it became functious officio and had no jurisdiction to withdraw the said order. At best the order could have been reviewed only with respect to error apparent on record.
6. Learned counsel for the State has submitted that the order had to be recalled as all the facts have not been considered while passing the order dated
24.01.2025.
7. Having considered the submissions advanced on behalf of the both sides, it is evident that the representation, which was filed by the petitioner, has already been disposed of by a formal order.
8. The matter for consideration is whether the Circle Officer, Town Circle, Ranchi had authority to recall the order after having it passed. I find merit in the submission advanced on behalf of the petitioner that after passing of the
order, the Circle Officer, Town Circle, Ranchi had no power to withdraw the
order already passed. If such a course is permitted, then there will be no finality to the executive and quasi-judicial order being passed by different authorities, and the fate of the litigants will be hanging in balance as per the whims of the authority. The only remedy after passing the order is before the Appellate and Revisional Forum and the authority which has already passed, cannot revisit the same.
9. In this view of the mater, the order of recall, if any, was without jurisdiction and is, accordingly, set aside. Since the representation of the petitioner has already been disposed of by the order of the Circle Officer, Town Circle, Ranchi on 24.01.2025, therefore, no lis survives for adjudication in the instant case. The writ petition is accordingly disposed of. Pending I.A., if any, is also disposed of.
(Gautam Kumar Choudhary, J.) Pawan/ -