M/s MHR Construction Private Limited vs State Of Jharkhand through the Secretary

Gautam Kumar Choudhary, J

The instant writ petition is filed for the following reliefs: -

I). For issuance of a writ of mandamus or in nature thereof commanding/ restraining the Respondent-Deputy Commissioner, East Singhbhum-cum-the Appellate Authority under provisions of Section 11 of Jharkhand Public Land Encroachment Act, 2000 (hereinafter to be called as “JPLE Act” only or “the Act” only) from proceeding any further in JPLE Appeal Case No.-84 of 2024-25; OR

II). For issuance of writ of Prohibition or in nature thereof prohibiting the Respondent-2/ Respondent-3 from continue to hear the proceeding of JPLE Appeal Case No.- 84 of 2024-25 any further for the reasons stated in this petition;

III). For issuance of a writ of certiorari or in nature thereof quashing/ cancelling/ rescinding the order dt. 02-05-2025 passed by the Respondent No.-2 in JPLE Appeal Case No.-84 of 2024-25

IV). For further issuance of a writ of certiorari on in nature thereof for quashing/ cancelling/ rescinding the entire JPLE proceeding being JPLE Case No. 06 of 2024-25 initiated by the Respondent No.-9 AND/ OR be pleased to issue any other appropriate writ(s)/ order(s)/ rule(s)/ direction(s) in the facts and in the circumstances of this case and in the interest of justice.

Petitioner is a company engaged in land development and building construction, which had purchased raiyati land in village- Uliyan, through 8-9 registered sale deeds form 24.12.2012 to 26.03.2022. The lands purchased were duly mutated and rent is being paid to the Government. Before starting the construction project, the petitioner-company got nature of the land verified from Jamshedpur Notified Area Committee.

The Circle Officer, Jamshedpur-cum-Collector vide Letter No. 2558 dated 23.08.2022 informed 1786 dated 02.09.2022 reported to Jamshedpur Notified Area Committee that land was free from CNT Act and the petitioners were in possession of the land in question.

After these steps and on getting the building plan duly sanctioned, the petitioner-company started construction over the land. It is contended that the Circle Officer, Jamshedpur with a mala-fide intention and under political influence has initiated a proceeding under JPLE Act for encroachment of public land being JPLE Case No. 06 of 2024-25.

The said case was decided against the petitioner without considering the evidence of possession issued by the Government Authority against which appeal was preferred which was JPLE Appeal No. 84 of 2024-25.

During the pendency of the appeal, part of the building already constructed was demolished by the Circle Officer, against which the petitioner moved this Court in W.P.(C) 673 of 2025. The Court in order to resolve the dispute arising vide order dated 11.02.2025 constituted a committee headed by Additional Deputy Commissioner, East Singhbhum, Jamshedpur comprising of Deputy Collector Land Reforms, Jamshedpur, and Pleader Commissioner to be chosen by respondent no. 2 and two government Amins not including respondent no. 5 to submit the report after measurement of the land in question.

The Amins and Pleader Commissioner submitted their report to the Deputy Commissioner, East Singhbhum, Jamshedpur, wherein it has been stated that land under possession of the petitioner does not fall within the Government land.

The main grievance and apprehension of the petitioner is that since the Circle Officer has acted illegally by demolishing a part of the structure, and in order to defend him, the appellate authority may pass an order adverse to the petitioner, without considering the evidence on record as submitted by Pleader Commissioner and the Government Amins. On the basis of this apprehension, the instant writ petition is filed for the reliefs as prayed for.

Learned counsel on behalf of the State submits that the matter is still sub-judice before the Appellate Authority and any order passed shall be amenable to judicial scrutiny by this Court, therefore, the apprehension of passing of a perverse order against the weight of evidence on record is misplaced.

I find merit in the submission advanced on behalf of the State that a Statutory Appellate Authority will not pass any order de-hors the evidence or material on record. Every public office is a position of trust that must be exercised with the utmost impartiality and fairness.

Under the circumstance, Deputy Commissioner is directed to dispose of the said appeal within four weeks of the receipt/production of a copy this order on the basis of the materials on record.

With the aforesaid direction, writ petition stands disposed of.

Pending I.A., if any, also stands disposed of.

Let a copy of this be communicated to the respondent no. 3-Deputy Commissioner, East Singhbhum, Jamshedpur forthwith.