Gulshan Bediya, S/o Late Lakhan Bediya vs State Of Jharkhand, through its Chief Secretary

Gautam Kumar Choudhary, J

Heard, learned counsel for the parties.

The instant Writ Petition has been filed for quashing the impugned notice issued under Memo No.322 (ii) dated 09.05.2025 issued by the Respondent No.5 whereby and whereunder petitioners have been directed to remove the encroachment within 15 days, failing which, coercive action would be taken.

Reference is made to Annexure-8 which is the notice dated 09.05.2025 issued by the office of Respondent No.5 [Circle Officer, Ormanjhi, District- Ranchi].

It is submitted that the impugned notice does not disclose under which provision it has been issued and the petitioner had no knowledge about any pending proceeding. Therefore, he had no opportunity to defend his case before the competent authority, and without passing a formal order under Section 6(2) of the Jharkhand Public Land Encroachment Act, 2000, the impugned notice has been served.

Learned AC to GP.V. for the State seeks time to counter-affidavit. However, he points out to Para-9 of the Writ Petition where there is specific disclosure that earlier on 21.01.2025, notice under the provisions of Section 6 of the said Act, 2000 was issued in the name of the petitioner No.1 and her husband (petitioner No.2) in Encroachment Case No.01 of 2024-25, from which it will be evident that the order was passed by competent authority before issuance of the said notice.

It is further submitted that even the measurement of the land, in question was made on 20.03.2025 (Annexure-5). After notice under Section 6 of the said Act, 2000 and when the petitioners did not comply, the present notice for eviction has been issued against which they have alternative and efficacious remedy available under Section 11 of the said Act, 2000.

Having considered the submissions advanced on behalf of the parties, it is evident that the notice was served upon the petitioners pursuant to the order passed under Section 6 of the said Act, 2000 to which the petitioner(s) claims to have been passed without being heard.

Be that as it may, the petitioners have efficacious statutory remedy of appeal and without availing it, the instant Writ Petition has been filed which accordingly stands dismissed.

However, the petitioners will have opportunity to prefer an appeal against the impugned order wherein it can raise all the issues before the appropriate forum as per the law.

Learned counsel for the petitioners undertake to file an appeal within two weeks from today.

In the meantime, no coercive measures will be taken with respect to dispossession of the petitioner(s).

Accordingly, the instant Writ Petition stands disposed of.

Let a copy of this order be communicated to the Respondent No.5 for compliance at once.