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2026 DAILYLAW 10850 (JHR)

GOPAL MANDAL v. STATE OF JHARKHAND, THRO ITS PRINCIPAL SECRETARY REVENUE AND LAND RESOURCES DEPARTMENT, RANCHI

LPA/177/2026 · 2026-05-06

Rajesh Shankar

body2026

Judgment text

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2026:JHHC:13448-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No.177 of 2026 ----- Gopal Mandal, s/o Chetlal Mandal, R/o village Guludih, Patani, P.O. Palani, P.S. Baliapur, Dhanbad, District-Dhanbad. .......... Appellant. -Versus- 1. State of Jharkhand, through its Principal Secretary, Revenue & Land Resources Department, Project Bhawan, Dhurwa, Ranchi. 2. Deputy Commissioner, Dhanbad. 3. Sub-Divisional Officer, Dhanbad. 4. Circle Officer, Baliapur Circle, Dhanbad. 5. The Revenue Sub-Inspector, Baliapur Circle, Dhanbad. .......... Respondents. ----- CORAM : HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Appellant : Mr. Shailesh Kumar Singh, Advocate For the Respondents: Mr. Sahbaj Akhtar, A.C. to A.A.G.-III ----- Order No.02 Date: 06.05.2026 1. Heard learned counsel for the parties. 2. This Letters Patent Appeal challenges learned Single Judge’s order dated 2nd February, 2026 holding that the relief of survey and demarcation cannot be granted by a Circle Officer, who is merely a service provider and not an adjudicator. 3. The view taken by the learned Single Judge is consistent with the law laid down by the co-ordinate Bench of this Court in the case of Rajendra Charan Dwari @ Rajendra Charan Dvari vs. The State of Jharkhand & Ors., L.P.A. No.399 of 2023 decided on 14th November, 2024. Accordingly, we are satisfied that there is no error in the impugned judgment and order warranting interference in this Letters Patent Appeal. 4. Therefore, by following the decision of the co-ordinate Bench in the cases of Rajendra Charan Dwari (Supra) and Raj Kumar Shrivastava vs. State of Jharkhand & Ors., L.P.A. No.215 2026:JHHC:13448-DB 2 of 2026 decided on 20th April, 2026, we dismiss this Letters Patent Appeal. However, the dismissal of the original writ petition or of this Letters Patent Appeal will not preclude the appellant from pursuing remedies before the Civil Court to enforce his alleged rights in respect of the suit property. 5. All contentions of all parties in this regard are kept open. No costs. (M. S. Sonak, C.J.) (Rajesh Shankar, J.) 6th May, 2026 Sanjay/Rohit Uploaded on 07.05.2026