2025:JHHC:27814 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4694 of 2025 Binod Kumar @ Binod Barnwal, Age about 50 years, S/o Bisheshwar Lal Modi, R/o Vill – Jamuniyatand, P.O. & P.S. Tisri, District Giridih (Jharkhand) 815317. …… Petitioner Versus 1. The State of Jharkhand through the Principal Secretary, Revenue and Land Reforms Department, Government of Jharkhand, Ranchi, having its office at Project Bhawan. Dhurwa, P.O. & P.S. Dhurwa, District Ranchi (Jharkhand) - 834003. 2. The Deputy Commissioner, Giridih, having its Office at Deputy Commissioner Office, Giridih, P.O. & P.S. Giridih, District Giridih (Jharkhand) 815301 3. The Circle Officer, Tisri, Giridih, having its Office at Circle Office, Tisri, P.O. & P.S. Tisri, District Giridih (Jharkhand) 815317. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Prashant Kr. Rai, Advocate For the Resp.-State : Mr. M. K. Dubey, A.C to A.G --------- 03/Dated: 11 th September, 2025 1. Heard learned counsel for the parties. 2. The present writ petition has been filed for the following reliefs :- “(a) for issuance of an appropriate writ(s), order(s) or direction(s), including a writ in the nature of Certiorari for quashing of the Notice dated 05.07.2025 (Annexure-3) issued by the Respondent No. 3 - Circle Officer, Tisri, Giridih, under Section 3 of the Jharkhand Public Land Encroachment Act, 2000, whereby without initiating any encroachment proceeding or without mentioning any encroachment case, the Respondent no. 3 has arbitrarily served the encroachment notice to the Petitioner, calling upon the Petitioner to show cause as to why the alleged encroachment upon the part of the land appertaining to Plot No. 803, Thana No. 105, Survey Rakba 0.03 - 1 - W.P.C No.4694 of 2025 2025:JHHC:27814 acres situated at Mouza Tisri, P.S. Tisri, District Giridih (Jharkhand), be not removed. (b) during the pendency of this writ petition, stay the operation and effect of the impugned Notice dated 05.07.2025 (Annexure-3) and restrain the Respondents from proceeding with the encroachment proceedings or taking any coercive action against the Petitioner including removal of alleged encroachment or dispossession from the land in question.” 3. The description of land of the petitioner is as follows :- “Plot No.803, Thana No.105, Survey Rakba – 0.03 acres, Mouza – Tisri, P.S. - Tisri, District Giridih (Jharkhand).” 4. The notice dated 05.07.2025 (Annexure–3), issued by the Circle Officer, Tisri, Giridih, has been challenged, which has been purportedly issued under Section 3 of the Jharkhand Public Land Encroachment Act, 2000. 5. It has been submitted by the learned counsel for the petitioner that the said notice is nothing but misuse of the official power by the authority and harassment to the citizens. It has further been submitted that before issuance of notice, the authority is supposed to satisfy itself by making proper enquiry regarding various records kept by the Government and also by making physical verification and after collecting prima facie material regarding the nature of land then only notice can be issued. 6. In the present case, such exercise has not been done. Thus, initiation of notice dated 05.07.2025 is itself bad in law because there is no jurisdictional fact available with the authority for initiation of the proceeding. 7. In compliance of this Court's order, Mr. Akhilesh Prasad, Circle Officer, Tisri, Giridih, is present before this Court and he has accepted the aforesaid fact and submitted that such exercise has not been done. 8. In that view of the matter, the notice dated 05.07.2025 (Annexure–3) is, hereby, quashed and set aside. - 2 - W.P.C No.4694 of 2025 2025:JHHC:27814 9. However, the parties are at liberty to work out their remedy in accordance with law. 10. With the aforesaid observation and direction, the present writ petition is, hereby, disposed of. 11. Pending interlocutory application, if any, stands disposed of. 12. The personal appearance of Mr. Akhilesh Prasad, Circle Officer, Tisri, Giridih, is hereby, dispensed with. (Rajesh Kumar, J.) Ravi-Chandan/- - 3 - W.P.C No.4694 of 2025