Jharkhand High Court
Vikas Vidyalaya vs The State Of Jharkhand Through The Chief ... on 24 March, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(C) No. 2117 of 2024
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Vikas Vidyalaya, a School Affiliated with CBSE, situated at
School Complex, Neori, P.O. Neori, P.S. O.P. B.I.T. Mesra,
(Thana Sadar), District Ranchi through its Principal
Preetinder Singh Kalra, Son of Late Mahinder Singh kalra,
aged about 56 years, Resident of Principal's Residence,
Vikas Vidyalaya, Neori, P.O. Neori, P.S. O.P. B.I.T. Mesra,
(Thana Sadar), District Ranchi-835217. ...Petitioner
Versus
1. The State of Jharkhand through the Chief Secretary,
Department of Personnel, Administrative Reforms and
Rajbhasha Department, having its office at Project
Building, Dhurwa, P.O. & P.S. Jagarnathpur, District
Ranchi.
2. Deputy Commissioner, Ranchi, officiating from his office
at O/o Deputy Commissioner, Ranchi, P.O. & P.S.
Ranchi, District Ranchi.
3. Circle Officer, Kanke, officiating from his office at O/o
Circle Officer, Kanke, P.O. & P.S. Kanke, District
Ranchi.
4. Rahmali Ansari, Son of Abdul Kalam, Resident of Village
Neori, P.O. Neori, P.S. O.P. B.I.T. Mesra, (Thana Sadar),
District Ranchi-835217.
...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner : Mr. Prashant Pallav, Advocate
Ms. Shivani Jaluka, Advocate
For the Resp.-State : Mr. Vishal Kr. Rai, A.C to G.A.-IV
For the Resp. No. 4 : Mr. Laxman Kumar, Advocate
--
05/24.03.2025 Learned counsel for the respondent no. 4
intends to file counter affidavit, taken on record.
2. The instant writ application has been preferred
by the petitioner for the following reliefs:
a. For quashing of the proceedings initiated by the
Respondent No. 3 on an application filed by
Respondent No.4 for demarcation of the Scheduled
Property as the same cannot be permitted when
there is private dispute between the parties with
respect to the right, title, interest and possession
of the Scheduled Property.
b. For restraining the Respondents from carrying out
any demarcation as the same shall disturb the
peace of the Petitioner School.
3. At the outset, learned counsel for the petitioner
draws attention of this Court towards Annexure-6, which is
notice issued to the petitioner with regard to demarcation of his
land by the Circle Officer.
Learned counsel further refers to a judgment passed
by the Division Bench of this Court in L.P.A. No. 399 of 2023,
wherein it has been held that Cabinet had fixed the fee for land
demarcation measurement by a survey team and makes no
mention of conferring any power on the Circle Officer to make
any demarcation. For brevity Paras-5 & 6 are quoted
hereinbelow:
"5) Reading thereof shows that the cabinet had fixed the
fee for land demarcation measurement by a survey
team and makes no mention of conferring any power
on the Circle Officer to make any demarcation.
6) In this view of the matter, we are of the opinion that the
learned Single Judge had erred in giving a finding that
Circle Officers are having the necessary power and
jurisdiction to carry out demarcation of private
properties upon filing of an application by one or the
other concerned party on payment of requisite fee. It
was not necessary for the learned single Judge to give
such a finding once the Circle Officer, Deoghar had
actually withdrawn the notices issued by him to the
petitioners and the learned single Judge also could not
have placed reliance on the cabinet decision which
contained no such provision conferring any such power
to make demarcation of land on the Circle Officer."
4. On the basis of such observation, learned Division
Bench had quashed the proceeding issued by the Circle Officer.
Learned counsel for the petitioner relying upon the
said judgment submits that the petitioner has received notice
dated 6th March, 2024 (Annexure-6), wherein he has been
informed that the demarcation of Scheduled Property has been
fixed for 28th March, 2024 and the petitioner should remain
present. She contended that since the Circle Officer has no
power or jurisdiction to do the same; accordingly notice should
be quashed and set aside.
5. Learned counsel for the Respondent-State and
private respondent opposed the prayer of the petitioner.
6. Having regard to the facts of the case and the
specific finding given by the Division Bench of this Court in
L.P.A. No. 399 of 2023, which has been referred to hereinabove;
for the reasons alike, the instant writ application is allowed and
notice dated 6th March, 2024 (Annexure-6) is quashed and set
aside. However, the respondents are at liberty to proceed, in
accordance with law.
(Deepak Roshan, J.)
Jk
