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2025 DAILYLAW 3755 (JHR)

JHUPAR DAS v. THE STATE OF JHARKHAND

WPC/466/2025 · 2025-06-17

Gautam Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:15861 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 466 of 2025 ----- Jhupar Das, S/o Late Sadhu Das, R/o Village-Gayatri Nagar, Poraiyahat, P.O. & P.S.-Poraiyahat, Dist.-Godda … …. Petitioner Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Godda, P.O., P.S. & Dist.-Godda 3. The Sub-Divisional Officer, Godda, P.O., P.S. & Dist.-Godda 4. The Circle Officer, Poraiyahat, P.O. & P.S.-Poraiyahat, Dist.-Godda … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Mr. N.P. Choudhary, Advocate For the State : Mr. Suraj Prakash, AC to SC-VII ----- Oral Order 10 / Dated : 17.06.2025 1. The instant writ petition has been filed against the final order dated 09.01.2025 passed by the Circle Officer, Poraiyahat under Section 6(2) of the Jharkhand Public Land Encroachment Act. 2. It is submitted by the learned counsel appearing for the petitioner that opportunity of hearing was not given to the petitioner and without hearing, the impugned order has been passed. 3. Learned counsel appearing for the State submits that Encroachment Case No. 03 of 2024 was initiated before the Circle Officer, Poraiyahat and after that notices were issued to the petitioner but despite that, the petitioner did not appear for hearing in the matter and he submitted show cause. Consequently, the order was passed on the basis of show cause filed by the petitioner. Section 8 of the Act specifically provides that it is summary in nature and the petitioner has efficacious and alternative remedy in form of appeal under Section 11 of the Act. Writ petition accordingly, stands dismissed with cost. (Gautam Kumar Choudhary, J.) AKT/Satendra