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Judgment
02/ 18.08.2026 By filing this writ petition, the petitioner has prayed for the following reliefs:-
"i.For direction upon the Respondent No.3 (Additional Deputy Collector, Seraikella-Kharsawan) to expeditiously dispose of Misc. Case No.01/2025-26, pending before him, after considering the petitioner's registered Sale Deed, Mutation Order, Register-II entries, Land Possession Certificate, written submissions and all other documents available on record, by passing a reasoned and speaking order strictly in accordance with law.
ii.To direct the competent revenue authorities to carry out proper demarcation of the petitioner's raiyati land situated at Mouza-Purana Bada Gamharia, Thana No.66, Khata No.363 (Old), 649 (New), Plot No.2945 (Old), 2604 (New), measuring an area of 15.50 decimals, and to remove the illegal encroachment, unauthorized boundary wall and illegally dumped fly ash from the said land.
iii.In alternative, if restoration of possession is found to be impracticable or impossible, direct the respondent concerned to pay fair and adequate compensation to the petitioner for the illegal encroachment, unauthorized occupation demolition of the boundary wall and iron gate, dumping of fly ash, and the consequential loss and damage suffered by the petitioner, in accordance with law."
Heard learned counsel representing the petitioner and learned counsel representing the respondents.
Learned counsel representing the petitioner seeks permission to withdraw this writ petition, but considering the jurisdiction which has been invoked by the Additional Deputy Collector, Seraikella-Kharsawan, and the order which I am passing, I am not allowing the petitioner to withdraw this writ petition.
From the submission of the counsel representing the petitioner, it is clear that over some portion of the land, which allegedly belongs to the petitioner, respondent Nos.5 to 7, who are the private Companies and their Officers, have entered and are utilizing the same. The petitioner thus has filed an application before the Additional Deputy Collector, praying therein to pass an appropriate order and to evict respondent Nos.5 to 7 from the alleged property in question and to restore the possession of the petitioner.
These types of disputes are absolutely out of the domain of the Revenue Authorities. Even if for the sake of argument, it is accepted that the land belonging to the petitioner has been encroached by the private respondents, the Revenue Authorities have got no jurisdiction to enter into the dispute between the petitioner and the private respondents.
Further, from para-1 of this writ petition, it is clear that the petitioner in fact is seeking for a declaration of right, title and interest, which is also beyond the jurisdiction of the Additional Deputy Collector to grant the same. This Court fails to understand as to how the Additional Deputy Collector had entertained the said application of the petitioner.
Further, so far as demarcation is concerned, the State Authorities cannot be a party to a private dispute and cannot demarcate the land of private person on request of another private person. If the petitioner claims any relief, she should approach the Civil Court of competent jurisdiction and not the Additional Deputy Collector. Thus, the Additional Deputy Collector, Seraikella-Kharsawan, has exceeded his jurisdiction.
Considering what has been discussed above, not only no direction can be given to dispose this case; further, initiation of the proceeding in itself is held to be bad.
With the aforesaid observations and with the liberty to the petitioner to approach the Civil Court, this Writ Petition is dismissed.