Bhuneshwar Saw Vs the State of Jharkhand through Secretary, Department of Land and Revenue

2026:JHHC:3135

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.590 of 2026

Bhuneshwar Saw S/o Nandlal Saw, aged about 72 Years, residents of Village-Jangi, P.O.-Delho, P.S.-Simaria, District-Chatra. …… Petitioner

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Versus

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The State of Jharkhand through Secretary, Department of Land and Revenue, At, P.O. & P.S.Dhurwa, District-Ranchi

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Deputy Commissioner, Chatra, At, P.O., P.S. & District-Chatra

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L.R.D.C., Chatra, At, P.O., P.S. & District-Chatra

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Circle Officer, Simaria, At, P.O. & P.S.-Simaria, District-Chatra. …... Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Jitesh Kumar, Advocate For the Resp.-State : Mrs. Omiya Anusha, AC to AAG-IA --------

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02/Dated: 05th February, 2026

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1. Heard Learned counsel for the parties.

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2. The present writ petition has been filed for the following relief :-

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“ (a) for issuance of a writ in the nature of mandamus commanding upon the respondents particularly to Respondent No.4 for measurement of land of petitioner appertaining to Khata No.1 Plot No.15 Area-6.00 Acres & Area-88 Decimals of Mouza-Jarhi, P.S.-Simaria, District -Chatra for which cost of measurement has already been deposited by the petitioner and there is also recommendation of revenue authorities for measurement of land in favour of petitioner.”

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3. Learned counsel for the petitioner has submitted that that on 17.05.2007 the petitioner had deposited the cost for measurement of his land, but the same was not done. Thereafter, again in the year 2012 he requested the authority concerned for the measurement of the land, but the same could not be demarcated due to the objection made by some

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- 1 - W.P.(C) No.590 of 2026

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2026:JHHC:3135

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anti-social elements.

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4. The law on the issue is well settled that the Circle Officer only functions as a service provider and not as an adjudicating authority. There is no statutory provision authorising the Circle Officer to adjudicate disputes relating to measurement or demarcation of land. The Circle Officer performs measurement only in terms of executive instructions, upon receipt of prescribed fees, as a service. 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.

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5. Otherwise also, demarcation of land cannot be carried out in isolation. Measurement has necessarily to be conducted with reference to a fixed zero point, which requires measurement of the entire area along with the presence of the concerned raiyats , particularly the adjoining raiyats . Identification of a plot can be made only with reference to such zero point and not otherwise. Further, no provision of law has been brought to the notice of this Court whereby the Circle Officer has been vested with powers or duties to adjudicate such disputes.

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6. In view of the above, I do not find any reason to entertain the present writ petition. Accordingly, the same is, hereby, dismissed .

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7. Pending interlocutory application, if any, stands disposed of.

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(Rajesh Kumar, J.)

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05^th February, 2026 Ravi-Chandan/Uploaded on 06.02.2026

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- 2 - W.P.(C) No.590 of 2026

Bhuneshwar Saw v. the State of Jharkhand through Secretary, Department of Land and Revenue

Case brief

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Bhuneshwar Saw v. the State of Jharkhand through Secretary, Department of Land and Revenue

Case brief

What is this about?

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What the court decided

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