2025:JHHC:10617 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 375 of 2025 Satyanarayan Mistry ….. Petitioner Versus 1. The State of Jharkhand 2. The Sub-Divisional Officer, Garhwa 3. The Circle Officer, Ramkanda, Garhwa 4. The Collector-cum-Deputy Commissioner, Garhwa ….. Respondents ----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner: Mr. Pankaj Srivastava For the State: Mr. Ashwini Bhushan, A.C to Sr. S.C-II ----- 05/07.04.2025 The present writ petition has been filed for quashing the notice dated 20.07.2024 (Annexure-3 to the writ petition) issued by the respondent No.3 under Section 6(2) of the Bihar (now Jharkhand) Public Land Encroachment Act, 2000 [hereinafter referred to as ‘the Act, 2000’] in Encroachment Case No. 01/2023-24 for removal of the alleged encroachment. 2. The present writ petition was earlier taken up on 20.03.2025 and on the said date, the following order was passed: ‘’1. Though a counter affidavit has been filed on behalf of the respondent nos.1 to 3, wherein it has been stated that after initiation of land encroachment proceeding final order has been passed, however, no such order has been annexed with the said counter affidavit. 2. Hence, the said respondents are directed to file supplementary counter affidavit positively within one week, annexing a copy of the final order passed in the concerned land encroachment case. 3. Put up this case under the same heading after one week. 4. In the meantime, the interim order dated 27th February, 2025 shall continue.’’ 2025:JHHC:10617 2 3. Pursuant to the said order, a supplementary counter affidavit dated 29.03.2025 on behalf of the respondent Nos. 1 to 3 has been filed, paragraph 7 of which reads as under: ‘’7. That in pursuant of the order passed by the Hon’ble Court dated 20.03.2025 the answering respondents have enquired the matter and found that the final order in concerned land encroachment case vide Land Encroachment Case No. 01/2023-24 has been passed on 20.07.2024 by the Court of the Circle Officer, Ramkanda, exercising the jurisdiction of Collector under Bihar Public Land Encroachment Act. Copy of the order dated 20.07.2024 is being annexed as Annexure-I to the said supplementary affidavit.’’ 4. Having heard learned counsel for the parties and considering that the petitioner has got statutory remedy of preferring an appeal under Section 11 of the Act, 2000 before the respondent No.4 against the order dated 20.07.2024 passed by the respondent No.3 in Land Encroachment Case No. 01/2023-24, I am not inclined to entertain the present writ petition at this stage. 5. Learned counsel for the petitioner prays for and is allowed to implead the Collector-cum-Deputy Commissioner, Garhwa as the respondent No.4 in the present writ petition. 6. Let necessary insertion in the cause title of the present writ petition be made by learned counsel for the petitioner. 7. The petitioner is at liberty to prefer an appeal against the aforesaid order under Section 11 of the Act, 2000 before the respondent No.4. If the said appeal is preferred within three weeks from the date of this order along with an application seeking condonation of delay in filing of the same, the 2025:JHHC:10617 3 respondent No.4 shall consider the condonation application liberally and shall proceed to hear the said appeal on merit. 8. Till the appeal preferred by the petitioner is taken up by the respondent No.4, the petitioner shall not be evicted from the land in question. 9. The present writ petition is accordingly disposed of with the aforesaid liberty and direction. Satish/- (RAJESH SHANKAR, J)