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2026 DAILYLAW 22409 (JHR)

THE STATE OF JHARKHAND v. LAL KAUSHAL NATH SHAHDEO

LPA/141/2025 · 2026-07-29

Rajesh Shankar

body2026

Judgment text

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2026:JHHC:22405-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 141 of 2025 1. The State of Jharkhand 2. The Secretary, Department of Revenue Registration & Land Reforms, New Auditorium, Ground Floor, Project Building, Dhurwa, P.O. & P.S.- Dhurwa, District- Ranchi, Jharkhand. 3. The Deputy Commissioner, P.O., P.S. & District-Latehar. 4. The Circle Officer, Balumath, P.O. & P.S.-Balumath, District- Latehar ... Appellants Versus Lal Kaushal Nath Shahdeo, aged about 60 years, S/o- Bhuneshwar Nath Shahdeo, R/o-Village-Chandwa, Kamta, P.O. & P.S.-Chandwa, District-Latehar, Jharkhand ... Respondent --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the appellant: Mr. Amrit Raj Kisku, A.C. to G.A.-V For the Respondent: Mr. Vijayant Verma, Advocate. --------- 02/Dated: 29.07.2026 1. Heard learned counsel for the parties. 2. I.A. No. 2592 of 2025 seeks condonation of delay of 232 days in filing the Letters Patent Appeal. 3. We have considered the averments in the I.A., the peculiar facts of the present case, and the nature of the impugned order, and are satisfied that sufficient cause has been shown to condone the delay. 4. Accordingly, the delay is condoned and I. A. No. 2592 of 2025 is disposed of. 2026:JHHC:22405-DB 5. With consent, the appeal is taken up for disposal. 6. The appeal is directed against the learned Single Judge’s order dated 14th May 2024 disposing of W.P. (C) No. 5686 of 2023 instituted by the respondent herein. 7. The respondent herein instituted W.P. (C) No. 5686 of 2023, only seeking expeditious consideration of his representation made before the fourth respondent (Circle Officer, Balumath) in connection with the issuance of an online rent receipt with respect to Khata No. 175, Plot Nos. 704, 1965, 662, 668, 657 & 658. 8. At the highest, the learned Single Judge could have granted the relief as prayed for and directed the Circle Officer to dispose of the respondent’s representation expeditiously. 9. Instead, by the impugned order, the learned Single Judge has straight away proceeded to grant the respondent the relief claimed by the respondent in his representation before the Circle Officer. The learned Single Judge has directed the Circle Officer “to do the necessary for correction in the online entry of the land in question.” 10. In our judgment, such exercise of deciding the respondent’s application and granting the respondent the relief claimed for in his representation, when in fact, even the respondent had 2026:JHHC:22405-DB only filed a petition seeking expeditious disposal of his representation, would be in excess of jurisdiction. 11. Besides, the grant of such relief would also be in violation of the principles of natural justice. The appellants-State, which was the respondent in W.P. (C) No. 5686 of 2023, was not given any notice that this Court was itself going to decide on the respondent’s representation and grant relief thereof. The only prayer made by the respondent was for expeditious disposal of his representation. 12. In any event, the issues raised in the representation are not the ones that a Writ Court decides exercising its extraordinary jurisdiction. 13. On the above grounds, we set aside the impugned order dated 14th May, 2024 and, in its place, direct the Circle Officer, Balumath, i.e. the fourth respondent herein, to decide the respondent’s representation for the issuance of an online rent receipt within two months of the parties appearing before the Circle Officer and filing an authenticated copy of this order. 14. The learned counsel for the respondent states that pursuant to the impugned order and during the pendency of a contempt petition filed by the respondent herein for enforcement of the impugned order, the Circle Officer has 2026:JHHC:22405-DB already issued the online rent receipt for the land in question. 15. Now that the impugned order has been set aside, the online rent receipt issued by the Circle Officer will be of no effect and will have no legal effect. However, the Circle Officer, Balumath, without being influenced by the observations in this order or the orders that we have set aside, must consider and decide the respondent’s representation dated 01.10.2020 in accordance with law and pass a reasoned order thereon within two months, as directed above. 16. The parties are to appear before the Circle Officer, Balumath, on 12th August 2026, at 11:00 a.m. and file an authenticated copy of this order. In accordance with this order, the Circle Officer, Balumath must dispose of the respondent’s representation dated 01.10.2020 within two months, in accordance with law and on its own merits. 17. All contentions of all parties are, however, left open for the Circle Officer to decide. 18. The appeal is allowed, in the above terms, without any order for costs. 19. All concerned must act on an authenticated copy of this order. 2026:JHHC:22405-DB 20. Interlocutory applications, if any, will not survive and are disposed of. (M. S. Sonak, C.J.) (Rajesh Shankar, J.) 29.07.2026 N.A.F.R. APK/Nandini/- Uploaded on 31.07.2026