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2025 DAILYLAW 19103 (JHR)

OM PRAKASH SHARMA @ CHUNNU SHARMA v. THE STATE OF JHARKHAND

WPC/3666/2025 · 2025-07-31

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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(2025:JHHC:21281) 1 W.P.(C) No.3666 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3666 of 2025 .... 1. Om Prakash Sharma @ Chunnu Sharma age about 45 yrs s/o Late Lalu Sharma 2. Munna Sharma age about 56 yrs s/o Late Lalu Sharma 3. Asha Devi w/o Late Anil Sharma age about 45 yrs All are r/o Ban Merha P.O.-Maithan, P.S/OP-Maithan, Dist-Dhanbad .… Petitioners Versus 1. The State of Jharkhand 2. The Secretary, Revenue, Registration and Land Reforms Department (Director of Land Acquisition) Govt. of Jharkhand, Project Building, HEC, P.O.+P.S.- Dhurwa,District-Ranchi 3. The Deputy Commissioner, Dhanbad, P.O.,P.S. & District-Dhanbad 4. The Addl District Magistrate, (Law & Order), Dhanbad, P.O.+P.S.-Dist.- Dhanbad 5. The Sub-Divisional Officer, Dhanbad, P.O.+P.S.-Dist.-Dhanbad 6. The Circle Officer, Egarkund, P.O, P.S.-Nirsha, District-Dhanbad .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioners : Mr. Nilendu Kumar, Adv. For the State : Mr. Achyut Keshav, AAG-V .... 02/31.07.2025 1. The present writ petition has been filed for following reliefs:- “(a). That this is an application praying for issuance of an appropriate writ (writs), order(orders) for set aside the Notice issued under sub- section (2) of section 6 of the Bihar/Jharkhand Public Land Encroachment Act, 1956, as contained Memo no-715 dated 11/06/2025 (Annexure-3) whereby and whereunder Circle officer, Egarkund, Dhanbad (respondent no-6) has directed the petitioners to remove the encroachment standing over the encroachment land appertaining to CS khata-133, CS plot no- 73, Mouza/village-Merah, thana no-251, District -Dhanbad, measuring an area of 07 Decimal. Further which has been found to be a public land as defined in sub-section 5 of section 2 of the Bihar/Jharkhand Public Land Encroachment Act, 1956, petitioners are hereby called upon to comply with the order within the period of 15 days. (b). Further to take notice that in case of disobedience, petitioners shall be liable to the penalty provided by section 188 of the IPC. (c). Further direction upon the respondent not to remove/demolish the structure standing over the land in question on the alleged ground of encroachment over public land.” (2025:JHHC:21281) 2 W.P.(C) No.3666 of 2025 2. Apprehension has been showed that without culmination of proceeding, the structure may be demolished. 3. It is settled law that coercive action can be taken only on the culmination of proceeding and passing an appropriate order. 4. The affected person has right to avail the remedy available under the law. 5. It is expected that authorities will act as per the mandate of law. 6. With above observation, the present writ petition stands disposed of. (Rajesh Kumar, J.) Shahid/ uploaded