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Judgment
02/ 17.08.2026
By filing this writ petition, the petitioner has prayed for the following reliefs:-
"i In the nature of certiorari for quashing the order dated 17.07.2025 (Annexure-6) passed by the respondent no.3 in Encroachment Appeal Case No.E-3/2024-25, whereby and whereunder the respondent no.3 has been pleased to dismiss the encroachment appeal and uphold the order dated 07.06.2023 passed by the respondent no.4 in Encroachment Proceeding bearing Memo No.485, wherein the Long Standing Jamabandi in the name of the petitioner's father, Late Gosai Mahto, was cancelled;
ii.Upon quashing the order dated 17.07.2025 (Annexure-6) passed by the respondent no.3 in Encroachment Appeal Case No.E-3/2024-25, be further pleased to quash and set aside the order dated 07.06.2023 (Annexure-5) passed by the respondent no.4 and restore the Jamabandi in the name of Late Gosai Mahto in respect of Plot Nos.3575 (area 0.20 acres) and 3607 (area 0.14 acres) under Khata No.278, Mauza-Gotra, Anchal Simdega;
Heard learned counsel representing the petitioner and learned counsel representing the respondents.
It is the grievance of the petitioner that long standing Jamabandi of the petitioner has been cancelled in a proceeding under the Jharkhand Public Land Encroachment (JPLE) Act, and it has been held that the land is a public land.
After going through the impugned order, I find that the petitioner has lost before two Forums in proceedings under the JPLE Act. Further, I find that a liberty had been given by the Appellate Court to the petitioner to approach the appropriate Civil Court for declaration of his right, title and interest and also for possession.
Considering the fact that vide order dated 17.07.2025 passed in Encroachment Appeal Case No.E-3/2024-25, liberty had already been granted to the petitioner to institute a civil suit before a Court of competent jurisdiction, the petitioner should approach the Civil Court, praying for declaration of his right, title, interest and possession.
If the petitioner files any application under Order XXXIX, Rule 1 & 2 of the CPC, along with the plaint, the same should be heard and decided on urgent basis.
With the aforesaid observations, this writ petition stands disposed of.