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2026 DAILYLAW 869 (JHR)

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

WPC/478/2026 · 2026-02-02

Rajesh Kumar

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:2599 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.478 of 2026 .... Gopal Mandal, aged about 89 yrs. S/o-Chetlal Mandal, R/o-Village Guludih, Patani, P.O. Palani, P.S. Baliapur, Dhanbad, District-Dhanbad .… Petitioner Versus 1. State of Jharkhand, through its Principal Secretary, State of Jharkhand through the Principal Secretary, Revenue & Land Resources Department, Ranchi having its office at Project Bhawan, P.O. & P.S.-Dhurwa, Dist.-Ranchi 2. Deputy Commissioner, Dhanbad having its office at New D.C. Office, Satyam Nagar, Susnilewa, P.O.-Barwadda, P.S. & Dist.-Dhanbad 3. Sub-Division Officer, Dhanbad, having its office at Collectorate Building, near the Head Post Office, P.O., P.S. & Dist.-Dhanbad 4. Circle Officer, Baliapur Circle, having its office at Circle Office Baliapur, Baliapur Block Campus, P.O. & P.S.-Baliapur, Dist.-Dhanbad 5. The Revenue Sub-Inspector, Baliapur Circle, having its office at Circle Office Baliapur, Baliapur Block Campus, P.O. & P.S.-Baliapur, Dist.-Dhanbad .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. L.C.N.Shahdeo, Adv. For the State : Mr. Sahbaj Akhtar, AC to AAG-III .... 02/02.02.2026 1. Heard the parties. 2. The present writ petition has been filed for the following relief:- “For issuance of an appropriate writ of Mandamus directing the Respondents to forthwith proceed with the survey and demarcation of the land and complete the same within 30 days or a duration the court finds for for the same.” 3. The description of land is as follows:- “Mouja-Palani, Mouja No.40, Khata No.448, Plot No.1422, Total Area-261 Decimal.” 4. The petitioner wants demarcation of his land. 5. It is settled principle of law that a Circle Officer is merely a service provider not an adjudicator. Further, Measurement cannot be made without a reference point. It has to be started from the reference point at somewhere it is known as “Chand”. It means that the entire area has to be measured which will have the effect of cropping of so many dispute. In such a scenario, measurement can be made only at the joint petition by all neighboring or adjacent raiyats not otherwise. 2026:JHHC:2599 2 W.P.(C) No.478 of 2026 6. This Court is not supposed to create litigation by ordering measurement. A plot can be identified only and only with reference to the “Chand” not otherwise. 7. The said position has already been settled by the Division Bench of this Court in the judgment dated 14.11.2024 passed in L.P.A. No. 399 of 2023, wherein it has been held that the cabinet decision, fixing fees for land demarcation by a survey team, makes no mention of conferring any power to the Circle Officer to undertake demarcation of private properties and had also held that the learned Single Judge was in error to hold that the Circle Officers have jurisdiction to conduct demarcation on application upon payment of requisite fees, because the cabinet decision itself did not confer such power. 8. In view of above discussion, this Court finds no reason to entertain the present writ petition. Accordingly, the present writ petition stands dismissed. (Rajesh Kumar, J.) 02.02.2026 Shahid/ Uploaded on 03.02.2026