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Judgment
Shree Chandrashekhar, J
This is an assigned matter by virtue of the order dated 24th February 2018 passed by Hon'ble the Acting Chief Justice on the administrative side.
The petitioner has questioned legality of the communication dated 09th January 2017 issued under the signature of the Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand
By the aforesaid communication dated 09th January 2017, the Circle Officer (Sadar), Dhanbad has been directed to prefer an appeal before the Divisional Commissioner, North Chotanagpur Division against the order passed by the Deputy Commissioner, Dhanbad.
Mr. Ravi Prakash Mishra, the learned counsel for the petitioner submits that in a Public Interest Litigation vide WP(PIL) No. 1163 of 2015 which was filed by Rajiv Kumar Lal a direction was issued to the Secretary, Department of Revenue, Registration and Land Reforms to take appropriate decision in the matter. However, the Departmental Secretary did not take any decision and, on the contrary, directed the Circle Officer to prefer an appeal for which there is no provision and such petition shall be barred by delay of more than three years.
Mrs. Chaitali C. Sinha, the learned AC to AAG-IA while opposing the prayer made by the petitioner has questioned the maintainability of the writ petition.
The submission made by Mrs. Chaitali C. Sinha, the learned AC to AAG-IA is that the departmental communication issuing a direction to take legal recourse cannot be challenged by any person even if the person is an aggrieved person.
This Court is of the view that whatever objection the petitioner has raised in the present writ petition may very well be raised before the appellate authority including maintainability of the petition and the question of delay, if any petition is filed by the Circle Officer (Sadar) Dhanbad pursuant to the direction dated 09th January 2017 issued by the Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand.
With the aforesaid liberty to the petitioner, this writ petition is disposed of.
I.A. No. 3543 of 2022 for early hearing stands disposed of.