KUNDAN KUMAR ALIAS KUNDAN KUMAR GOSWAMI v. THE STATE OF JHARKHAND
WPC/917/2025 · 2025-04-16
Gautam Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5054 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5054 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:11498
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 917 of 2025
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1. Kundan Kumar @ Kundan Kumar Goswami, S/o Late Pradeep Kumar Giri @ Late Pradeep Goswami
2. Ravi Badyakar, S/o Naw Badyakar, Both R/o Village-Baghasola, P.O. & P.S.-Kundahit, Dist.-Jamtara, Jharkhand
… …. Petitioners
Versus
1.The State of Jharkhand
2. The Sub-Divisional Officer, Jamtara, P.O & P.S.-Jamtara, Dist.- Jamtara, Jharkhand
3. Manik Chandra Loh, S/o Late Kriti Chandra Loh, R/o Village Kundahit, P.O & P.S.-Kundahit, Dist.-Jamtara, Jharkhand. … …. Respondents
----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
----- For the Petitioners : Mr. D.C Mishra, Advocate
Mr. Abhijeet Anand, Advocate
For the Respondents-State : Mr. Zaid Imam, AC to SC-VII
----- Oral Order
04 / Dated : 16.04.2025
1. The instant writ petition has been filed under Article 226 of the Constitution of India for direction upon respondent no. 2 – Sub Divisional Officer, Jamtara to provide the relevant documents on the basis of which Revenue Misc. Case No. 08/2024-25 has been initiated and notice was issued directing the petitioner to appear before him on 24.08.2024 and show cause as to why not the petition of the applicant namely, Manik Chandra Louha, be allowed for demarcation of the boundary of land under Khata No. 222, Plot Nos. 1842 and 1845, Area 1.87 acres under the district of Jamtara. 2. It is submitted by learned counsel for the petitioner that the notice is unsupported by any document on the basis of which the claim of possession has been made by the applicant in the said case. Therefore, the petitioner had sought for the relevant paper from the Sub Divisional Officer vide his application dated 15.10.2024, but no document has been furnished to him. 2025:JHHC:11498 2
3. It is submitted by learned counsel for the State that once the petitioner enters into appearance before the competent authority, the said documents can be furnished to him. 4. From the show cause petition dated 15.10.2024 filed by the petitioner before the Sub Divisional Officer, Jamtara, it appears that a prayer has been made to furnish the relevant paper so that he could have submitted his show cause and on documents being not supplied he was constrained to invoke the writ jurisdiction of this Court. 5. Principle of natural justice is the corner store of any adjudicatory process whether judicial of quasi-judicial.
It was incumbent on the part of the respondent authority to furnish the relevant papers for which the present writ petition has been filed. It is unfortunate that the extra ordinary jurisdiction of this Court has to be invoked for direction on formal matters which could have been transacted by the competent authority in exercise of its statutory duty. 6. The respondent no. 2–Sub Divisional Officer, Jamtara is, accordingly, directed to furnish the relevant papers to the petitioner on the basis of which the notice has been issued so as to enable the petitioner to submit his show cause. The relevant papers will be furnished by respondent no. 2 within a month from the date of receipt/production of a copy of this order. Writ Petition stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra