TAJ PALACE MARRIAGE HALL, THROUGH ITS PROPRIETOR NAMELY MD. ALLAUDDIN v. THE STATE OF JHARKHAND THROUGH URBAN SECRETARY
WPC/2620/2025 · 2025-06-20
Gautam Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14644 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14644 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:16371
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 2620 of 2025
-----
Taj Palace Marriage Hall, through its proprietor namely, Md. Allauddin, S/o Late Mehandi Hassan, R/o Shamsher Nagar, P.O.-B Polytechnic, P.S.-Bhuli, Dist.-Dhanbad, Jharkhand
… …. Petitioner
Versus
1. The State of Jharkhand through Urban Secretary, Urban Development & Housing Department, Project Building, P.O. & P.S.-Dhurwa, Dist.- Ranchi, Jharkhand
2. Principal Secretary, Department of Road Construction, Project Building, P.O. & P.S.-Dhurwa, Dist.-Ranchi, Jharkhand
3. Circle Officer, Dhanbad, Chira Gora Hirapur, P.O., P.S. & Dist.- Dhanbad, Jharkhand
4. Executive Engineer, Department of Road Construction, P.O., P.S. & Dist.-Dhanbad, Jharkhand
5. Deputy Commissioner, Dhanbad, P.O., P.S. & Dist.-Dhanbad, Jharkhand
… …. Respondents
-----
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
----- For the Petitioner : Mr. Shadab Eqbal, Advocate
Mr. Alok Raj, Advocate
Mr. Danish Shahbaz, Advocate
For the State
: Mr. Mrinal Kanti Roy, GA-1
----- Oral Order
03 / Dated : 20.06.2025
1. Notice dated 03.05.2025 under Memo No. 520 served on the petitioner and others for removing the encroachment over Plot Nos. 1200 and 237 appertaining to Khata No. 655, Mouza No. 04, Village Pandra Pala, District-Dhanbad is under challenge in the instant writ petition.
2. It is submitted by learned counsel for the petitioner that the provision of Jharkhand Public Land Encroachment Act, 1956 has been given a complete go bye in the issuance of this notice, and it is not in the prescribed form. Further, the period of two weeks has not been given as required under the said provision to submit the show cause and present his case.
3. Learned counsel for the State this is a notice preceding, any proceeding to be initiated under the Jharkhand Public Land Encroachment Act and by way of abandon caution, it has been served on the petitioner so that
2025:JHHC:16371 2
he can place his case before the competent authority before any proceeding can be initiated under the relevant law.
4. It is contended by learned counsel for the petitioner that there has not been any encroachment on the part of the petitioner.
5. Having considered the submission, the notice appears to be a prologue to proceeding under Jharkhand Public Land Encroachment Act.
6. Under the circumstance, the petitioner is directed to appear before the Circle Officer, Dhanbad within two weeks from the date of receipt/production of a copy of this order and present his case and after hearing the petitioner, the Circle Officer, Dhanbad will pass appropriate
order within two weeks thereafter.
It goes without saying that the interim order merges with the final
order.
This writ petition, accordingly, stands disposed of. I.A., if any, also stands disposed of.
(Gautam Kumar Choudhary, J.) AKT/Satendra