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High Court of Jharkhand · body

2025 DAILYLAW 30700 (JHR)

MD. JAVED AKHTAR v. THE STATE OF JHARKHAND

WPC/1267/2025 · 2025-03-17

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1267 of 2025 Md. Javed Akhtar ….. Petitioner Versus 1. The State of Jharkhand 2. The Divisional Forest Officer, Eastern Circle, Giridih 3. The Forest Range Officer, Eastern Circle, Giridih ….. Respondents ----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner: Mr. Avishek Chandra For the Respondents: Mr. Ashutosh Anand, A.A.G-III ----- 02/17.03.2025 The present writ petition has been filed for issuance of direction upon the concerned respondents to make measurement/demarcation of the land appertaining to Khata No. 13, Plot No. 01, Village-Dhobidih, Thana No. 193, District-Giridih, measuring an area of 2.40 Acres, as the same was settled in the year 1942 as well as the Jamabandi with respect to the said land was also opened in the year 1944 in the name of the petitioner’s great grandfather-Ishak Mian and the rent for the same was being regularly paid to the government. 2. Having heard learned counsel for the parties and on perusal of the documents available on record, there appears to be a dispute of title and possession between the petitioner and the Department of Forest, Environment & Climate Change, Government of Jharkhand. Hence, it cannot be said to be a simpliciter case of measurement/demarcation of the land. 3. It is a settled law that a ‘raiyati’ land can only be demarcated taking assistance of the revenue authorities, if there is some confusion with regard to boundary of the same. However, if there is a dispute between the parties with respect to the title and possession over a land, the revenue authorities have no jurisdiction to enter into the said dispute. 4. In the present case, since there is a dispute with respect to the title and possession of the said land between the petitioner and the Department of Forest, Environment & Climate Change, Government of Jharkhand, the revenue authorities cannot be directed to demarcate/measure the same as it would amount to usurping the power of the Civil Court by them. 5. The present writ petition being devoid of merit is accordingly dismissed. 6. The petitioner is however at liberty to take appropriate recourse in this regard before the competent Court of civil jurisdiction. Satish/- (RAJESH SHANKAR, J)