Abdul Majid vs State Of Jharkhand

Rajesh Kumar, J

The present writ petition has been filed for issuance of an appropriate writ, order or direction upon the respondents to depute Anchal Amin for measurement and demarcation of 80 decimals of land appertaining to Plot No.165, Khata No.292, Mauza-Ramgarh and 1.25 acres of land appertaining to Plot No.1311, Khata No.2, Mauza-Ramgarh.

Learned counsel for the petitioner submits that the petitioner had earlier applied for demarcation and the order passed therein by endorsements

on the said application.

It has further been submitted that in similar circumstances, an order has been passed by this Court, vide order dated 16.02.2022 passed in W.P.(C) No.3166 of 2019. Accordingly, the Circle Officer may be directed to initiate a proceeding and demarcate the land of the petitioner.

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.

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.

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