Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2978 of 2025 ------ Ramesh Ranjan Deo, S/o Nishkant Deo, Resident of Near Saraswati Sisu Mandir Caistair Town Deoghar, PO-B. Deoghar, PS-Deoghar(T), Dist-Deoghar.
… … Petitioner(s) Versus
1. The State of Jharkhand.
2. The Deputy Commissioner, Deoghar, PO + PS+ District- Deoghar.
3. The Sub Divisional Officer, Deoghar, PO + PS+ District- Deoghar.
4. The Circle Officer, Deoghar, PO + PS+ District-Deoghar.
5. Jai Prakash Saraff, S/o Late Girdhari Lal Saraff, Resident of S.B. Ray Road, Deoghar, PO + PS+ District-Deoghar.
… … Respondent(s) ------
CORAM : SRI ANANDA SEN, J. ------
For the Petitioner(s) : Mr. Lakhan Chandra Roy, Adv.
For the Respondent(s) : Mr. P.C. Sinha, AC to GA-III,
------ 03/ 02nd September, 2026
1.
Heard the parties.
2.
On the request of both the parties, this matter is being taken up for final disposal today itself.
3.
The petitioner has challenged the notice dated 25.04.2025 issued by the Sub Divisional Magistrate, Deoghar. The said notice is at Annexure-3 to the writ petition.
4.
After going through the said notice, I find that on the request of respondent No.5, the aforesaid notice has been issued to the petitioner, informing that the petitioner has encroached upon a part of the ancestral land of the respondent No.5.
5.
On the aforesaid complaint, this instant notice has been issued and the Sub Divisional Magistrate, Deoghar, issued a notice to enquire into the same.
6.
The Sub Divisional Magistrate, Deoghar has got no jurisdiction to entertain a private complaint involving a land dispute between two parties. Even if some private individual has encroached upon the land of another private respondent, the
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matter has to be decided and an eviction order has to be passed by a competent Civil Court and not by a Sub Divisional Magistrate. Thus, the Sub Divisional Magistrate, Deoghar has transgressed its jurisdiction.
7.
Consequently, the notice dated 25.04.2025 at Annexure-3, issued by Sub Divisional Magistrate, Deoghar, is quashed.
8.
The parties are at liberty to approach the Civil Court for appropriate relief.
9.
Accordingly, this writ petition is allowed.
10.
Pending Interlocutory Applications, if any, also stand
disposed of.
(ANANDA SEN, J.) 02nd September, 2026
S.K.D/CP-2
Uploaded on 03/09/2026