Harihar Panda vs State of Jharkhand and Others

P.P. Bhatt, J.—Heard the learned Counsel for the petitioner as well as the learned Counsel appearing for the respondent-State Government. At the time of hearing of the interlocutory application (I.A. No. 3006 of 2013), learned Counsel for the petitioner submitted that the main petition may be disposed of with a suitable direction to the respondents-State Government to undertake the exercise of demarcation of land in question pursuant to the intimation given in Demarcation Case No. 48/10-11 wherein the date of demarcation was indicated as 17.4.2013.

Considering the request made by the learned counsel for the petitioner, this case is being taken up for final disposal.

On perusal of Annexure-2 to the said interlocutory application, it appears that intimation was sent by the Circle Officer, Namkom in Demarcation Case No. 48/10-11. The said intimation was received by the petitioner on 16.4.2013. According to the petitioner, though specific date was given for undertaking the exercise of demarcation of land in question i.e. 17.4.2013 but no such exercise till date has been undertaken by the Circle Officer, Namkom.

Learned Counsel appearing on behalf of the respondent- State Government submitted that usually when such specific date has been given in demarcation case, the exercise is undertaken on the very day but co-operation of the petitioner is equally important in such type of cases; otherwise, demarcation process may not be effectively completed. Learned Counsel for the respondent-State Government further submitted that the petitioner may be asked to co-operate in demarcation exercise that may be undertaken by the Circle Officer, Namkom and accordingly, the present writ petition may be disposed of.

In view of the above submissions, the present writ petition stands disposed of with a direction to the Circle Officer, Namkom to deal with the Demarcation Case No. 48/10-11 and undertake the exercise of demarcation of land in question within a period of one month from the date of receipt of a copy of this order. Petitioner shall also approach the Circle Officer, Namkom with a copy of this order and the Circle Officer, Namkom shall fix a particular date for demarcation of land in question. Consequent upon the disposal of this Writ Petition, I.A. No. 3006 of 2013 also stands disposed of.