Citation : 2026 Latest Caselaw 1070 Jhar
Judgement Date : 12 February, 2026
2026:JHHC:3781
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.919 of 2026
....
Satish Pal, Aged about 61 Years, Son of Late Gobardhan Pal, Resident of Village- Kuschira, P.O.-Amrapara, P.S.-Gopikandar, District-Dumka .... Petitioner Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Dumka, P.O., P.S. and District-Dumka
3. The Sub-Divisional Magistrate, Dumka, P.O., P.S. and District-Dumka
4. The Circle Officer, Dumka, P.O., P.S. and District-Dumka
5. Nitesh Pal, aged about 56 years, S/O-Late Gopal Pal, Resident of Village-Kuschira, P.O.-Amrapara, P.S.-Gopikandar, District-Dumka .... Respondents ....
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Sanjeev Thakur Adv.
: Mr. Jagat Kr. Soni, Adv.
For the State : Mr. M.K.Dubey, AC to AG
....
02/12.02.2026
1. Heard the parties.
2. The present writ petition has been filed for the following reliefs:-
A. For commanding upon the respondents especially Respondent No.-2 to 4 restraining Respondent No.-5 from illegally constructing house and other concrete structures over the land of the petitioner measuring to an area of 88.5 decimals out of total area of 3.54 Acres which the petitioner obtained vide Order dated 17/08/2024, Decree dated 27/08/2024 passed in Original Suit No.-140/2021 by the Court of Learned Civil Judge (Sr. Division)-I, Dumka (Annexure-1).
B. A writ in the nature of Mandamus commanding upon the respondents especially Respondent No.-2 to pass appropriate Order upon the Application dated 24/06/2025 (Annexure-3) filed by the petitioner pursuant to Report submitted by the Circle Inspector to the Circle Officer dated 17/02/2025 (Annexure-2) as till date no action has been taken by the respondent authorities to the best of the knowledge of the petitioner. C. A writ in the nature of Mandamus commanding upon the respondents especially Respondent No.-3 to immediately pass appropriate Order upon the Application filed by the petitioner registered as Application No.- 91/2025 dated 11/07/2025 (Annexure-4) as till date no action has been taken by the concerned authority upon the same to the best of the knowledge of the petitioner.
D. A writ in the nature of Mandamus commanding upon the respondents especially Respondent No.-4 to allot a Government "AMIN" for proper demarcation of land pursuant to the Order dated 17/08/2024, Decree dated 2026:JHHC:3781
27/08/2024 passed in Original Suit No.-140/2021 by the Court of Learned Civil Judge (Sr. Division)-I, Dumka, as illegal construction is being carried out by Respondent No.-5 over the land of petitioner and different applications/representations has been filed in that connection but till date the respondent authorities are sitting tight over the matter for the reasons best known to them.
E. During the pendency of the instant Writ petition Status Quo be maintained by the concerned authorities especially Respondent No.-3 & 4."
3. It is a private dispute in nature.
4. A complaint has been made that the S.D.O., Dumka is not entertaining his application made under Section 144 of the Cr.P.C. (now Section 163 of BNSS, 2023).
5. In view of the limited prayer, no notice is required to be issued to the private respondent.
6. The present writ petition stands disposed of directing the concerned authority to act in accordance with law.
7. It is hereby clarified that any appropriate application made in accordance with law has to be accepted by the authority and he is duty bound to proceed and dispose of the same in accordance with law.
8. With above observation, the present writ petition stands disposed of.
(Rajesh Kumar, J.) 12.02.2026 Shahid/ Uploaded on 13.02.2026
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