2026:JHHC:11565 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(C) No.2766 of 2026 ----- 1. Laxman Mandal age about 75 Years S/O Tokan Mandal. 2. Damar Mandal age about 72 years S/O Tokan Mandal. 3. Bulaki Mandal age about 71 years S/O Darshan Mandal. 4. Tribhuvan Mandal age about 65 years S/O Somar Mandal. 5. Bhuneshwar Mandal age about 66 years S/O Nanhak Mandal. 6. Munshi Mandal age about 55 years S/O Bishun Mandal. 7. Binod Mandal aged about 38 years, S/O Chintamani Mandal, all R/O Village Nagar Keshwari, P.O Kheshwari, P.S - Suriya, District Giridih. … Petitioner(s). Versus 1. State of Jharkhand through Secretary, Land and Revenue Government of Jharkhand. 2. Deputy Commissioner, Giridih R/O office at District Collectorate Village + P.O-Paparwatand, P.S- Giridih (M) District- Giridih. 3. Sub-divisional Officer, Giridih R/O office at District Collectorate Village + P.O-Paparwatand, P.S- Giridih (M) District- Giridih. 4. Circle Office, Bagodar -Saria R/O subdivisional office Saria, Village + P.O + P.S- Saria, District - Giridih … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Abhishek Ranjan, Advocate For the State : Mr. M. K. Dubey, AC to AG …...... 02 /21.04.2026: Heard the learned counsel representing the petitioners and the learned counsel representing the respondents. 2. The petitioners are aggrieved by the order dated 29.08.2025 passed by the Sub-Divisional Magistrate, Bagodar- Saria in Case No. 91 of 2025 passed under section 163 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 3. It is the grievance of the petitioners that without considering the documents and ignoring the fact that the petitioners are the title holder of the property in question, the impugned order has been passed illegally. He raises many other grounds. 2026:JHHC:11565 2 4. After hearing the parties, I find that the order under section 163 of BNSS has been made absolute against the second party. The order is dated 29.08.2025. Section 163(4) of BNSS provides that the order passed under the aforesaid section shall not remain in force for more than 2 months from making thereof. In this case two months have already lapsed. Thus, the order as on date is not in force as the said has lost its force on 28.10.2025. 5. So far as the direction and recommendation given by the Sub-Divisional Magistrate, Bagodar-Saria to initiate a proceeding under section 4(h) of the Jharkhand Land Reforms Act, I am of the opinion that the said was beyond the jurisdiction of the Magistrate under section 163 of the BNSS. 6. The aforesaid order could not have been passed by invoking the power under BNSS as BNSS does not confer such power upon the Sub-Divisional Magistrate. 7. Thus, the direction and recommendation to initiate a proceeding under section 4(h) of the Jharkhand Land Reforms Act, is set aside. 8. Accordingly, this writ petition is disposed of. (ANANDA SEN, J.) 21.04.2026 Tanuj/CP-2 Uploaded on 22.04.2026