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2025 DAILYLAW 28201 (JHR)

SHAMBHU KUMAR BHAGAT v. STATE OF JHARKHAND THROUGH THE SECRETARY DEPTT OF REVENUE REGISTRATION AND LAND REFORMS

WPC/5454/2022 · 2025-09-04

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:26788 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.5454 of 2022 ---- 1. Shambhu Kumar Bhagat, aged about 53 years, S/o Late Jagdev Prasad Bhagat, Resident of Quarter No.T.T/T.S. 63, New A.G Colony, P.O & P.S. Doranda, District-Ranchi 2. Shyam Bihari Prasad, aged 51 years, S/o Late Bharat Narayan Singh, Resident of Quarter No.T.B./T.S. 37, New A.G. Colony, P.O & P.S. Doranda, P.O & P.S.Doranda, District-Ranchi …. …. Petitioners -Versus- 1. State of Jharkhand, through the Secretary, Department of Revenue, Registration and Land Reforms, New Auditorium, Ground Floor, Project Building, Dhurwa, P.O & P.S-Dhurwa, District-Ranchi, Jharkhand 2. The District Collector, Ranchi, 98HF+7FC, Deputy Para, Ahirtoli, P.O- Ranchi, GPO, P.S-Sadar District-Ranchi 3. The Sub-Divisional Officer, Sadar, Ranchi, Deputy Para Ahirtoli, P.O Ranchi, G.P.O., P.S Sadar, District-Ranchi, Jharkhand, 834001 4. The Circle Officer, Namkum, P.O & P.S-Namkum, District-Ranchi …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioners : Mr. Abhishek S. Sinha, Advocate For the Respondents : Mr. Mrinal Kanti Roy, Adv. ---- 07/Dated: 04th September, 2025 1. Heard the parties. 2. The present writ petition has been filed for following reliefs:- “(i) For issuance of appropriate writ/writs, order/orders, direction/directions in the nature of mandamus commanding upon the respondent No.4 to comply with order dated 28.11.2020 passed in Case No.M-2168/2020 passed by the respondent No-3, whereby and wherein respondent No-3 has been observed that "it appears that dispute of land arises due to demarcation of the land therefore both the parties can approach Circle Amin for demarcation of the their land. (ii) For issuance of appropriate writ/writs, order/orders, direction/directions in the nature of mandamus commanding upon the respondent No.4 to pass a reasoned order on representations filed by the petitioners in the light of order dated 28.11.2020 after proper measurement and demarcation of respective lands in question. (iii) For issuance of appropriate writ/writs, order/orders, direction/directions to the respondents to pass a stay order on the unauthorised construction currently underway on the piece of land of the petitioners. (iv) For issuance of appropriate writ/writs, order/orders, direction/directions to the respondents to pass an order to measure the land and give him possession after verifying their land records 2025:JHHC:26788 and papers of the land and stop the unauthorised construction and demolish any such construction underway on the said piece of land of the petitioners.” 3. The relevant portion of the order passed by the Sub-Divisional Officer, Sadar, Ranchi in Case No.M-2168 of 2020 is quoted herein below:- “िȪतीय पƗ का दावा सब ɘॉट सं0-85/3.85/1और 85/A रकबा 4 कǧा 14 छटाक 4 कǧा 4 कǧा कु ल रकबा 12 कǥा 14 छटाक पर है िजससे Ůतीत होता है िक उभय पƗ का दावा अलग-अलग सब ɘॉट पर है। मामला सीमांकन का Ůतीत होता है। उभय पƗ अपने- अपने दावे के िलए अंचल अमीन का आवʴक शुʋ जमा कर नापी कराकर खुटा गड़वा कर िववाद को समाɑ करŐ। अतः उƅ आशय के साथ बगैर दं० Ů० सं० की धारा-144 के तहत कायŊवाही आरʁ िकये वाद की कारŊवाई समाɑ की जाती है। लेखािपत एबं संसोिध 4. On the strength of the above order, an application has been made for demarcation, but that has not been done till date. It is a dispute between two private parties and the private party has not been made as party respondent in the present writ petition. Thus, present writ petition is not maintainable as the necessary party has not been arrayed as a party respondent. 5. It is settled principle of law that the revenue authorities are the service provider, not adjudicator. Admittedly, there is a dispute between two private parties, the same can only be resolved by the competent Civil Court not by the revenue authority. 6. In that view of the matter, the present writ petition is hereby, dismissed. 7. However, the parties are at liberty to work out their remedy in accordance with law before the Civil Court. 8. It is made clear that the service can be provided by the revenue authorities only and only if there is no dispute between the parties or if there is joint request by all the parties including the neighbouring raiyats. (Rajesh Kumar, J.) Raja/- Uploaded