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2025 DAILYLAW 4924 (JHR)

SANTOSH KUMAR THAKUR v. THE STATE OF JHARKHAND

WPC/566/2025 · 2025-08-21

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:24692 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.566 of 2025 .... Santosh Kumar Thakur, aged about 36 years, son of Binod Thakur, resident of village Ghaghra, P.O. & P.S.-Ghaghra, District Gumla .… Petitioner Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Gumla, P.O. & P.S. Gumla, District Gumla 3. The Circle Officer, Ghaghra Circle, P.O.-Ghaghra, P.S. Ghaghra, District-Gumla .... Respondents With W.P.(C) No.546 of 2025 .... Ajay Kumar Gupta, aged about 42 years, son of Late Ramlal Gupta, resident of village Ghaghra, P.O.-Ghaghra, P.S.-Ghaghra, District Gumla .… Petitioner Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Gumla, P.O. & P.S. Gumla, District Gumla 3. The Circle Officer, Ghaghra Circle, P.O.-Ghaghra, P.S. Ghaghra, District-Gumla .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioners : Mr. Vishnu Prabhakar Pathak, Adv. For the State : AC to AG [in W.P.(C) No.566 of 2025] : Mr. Sachin Kumar, AAG-II [in W.P.(C) No.546 of 2025] .... 07/21.08.2025 1. Heard learned counsel for the parties. 2. The writ petition being W.P.(C) No.566 of 2025 has been filed for the following reliefs:- a. For issuance of an appropriate Writ(s)/ order(s)/ direction(s) or a writ in the nature of Certiorari for quashing and setting aside the notice dated 21.12.2024 (Annexure-1), and notice dated 26.12.2024 (Annexure- 2) and notice dated 10.01.2025 (Annexure-3), issued to the petitioner under section 6(2) of the Jharkhand Public Land Encroachment Act (in short JPLE Act), issued by the Respondent no. 3, whereby and wherein it has been ordered to remove the encroachment from the land situated at village Ghaghra, Thana No. 79, P.S. Ghaghra, Plot No. 1139, area 1.42 decimal, District Gumla, passed in Encroachment Case No. 9/2024-25 and Encroachment Case No. 50/2024-25. b. For issuance of an appropriate Writ(s)/ order(s)/ direction(s) to quash/ set aside the entire proceeding of Encroachment Case No. 9/2024- 25 and Encroachment Case No. 50/2024-25 initiated against the petitioner under the provisions of JPLE Act without following the settled provisions as provided under the Act. 2025:JHHC:24692 2 W.P.(C) No.566 of 2025 W.P.(C) No.546 of 2025 c. For issuance of an appropriate Writ(s)/ order(s)/ direction(s) to the respondents to not to disturb the peaceful possession of the petitioner since the petitioner is in peaceful possession over the land in question since last more than 100 years. 3. The writ petition being W.P.(C) No.546 of 2025 has been filed for the following reliefs:- a. For issuance of an appropriate Writ(s)/ order(s)/ direction(s) or a writ in the nature of Certiorari for quashing and setting aside the notice dated 21.12.2024 (Annexure-1), notices and dated 10.01.2025 (Annexure-2 series) issued to the petitioner under section 6(2) of the Jharkhand Public Land Encroachment Act (in short JPLE Act), issued by the Respondent no. 3, whereby and wherein it has been ordered to remove the encroachment from the land situated at village Ghaghra, Thana No. 79, Plot No. 1139 and 494, area 1 decimal and 3.48 decimal respectively, P.S. Ghaghra, District Gumla, passed in Encroachment Case No. 10/2024-25. b. Petitioner further prays for issuance of an appropriate Writ(s)/ order(s)/ direction(s) to quash/ set aside the entire proceeding of Encroachment Case No. 10/2024-25, initiated against the petitioner under the provisions of JPLE Act without following the settled provisions as provided under the Act. c. Further for issuance of an appropriate Writ(s)/ order(s)/ direction(s) to the respondents to not to disturb the peaceful possession of the petitioner since the petitioner is in peaceful possession over the land in question since last more than 100 years. 4. After some argument, learned counsel for the petitioners seek permission to withdraw the present writ petitions as final order has been passed in the encroachment proceeding being Encroachment Case No. 9/2024- 25, Encroachment Case No. 50/2024-25 and Encroachment Case No. 10/2024-25 and prayer has been sought to avail the remedy of appeal. 5. Learned counsel for the other side have raised no objection. 6. Permission is accorded. 7. Accordingly, the present writ petitions stand disposed of giving liberty to the petitioners to file appeal. If the appeal is filed within two weeks from today, then the appellate authority is directed to consider the same on merit. 8. With above observation and direction, the present writ petitions stand disposed of. 2025:JHHC:24692 3 W.P.(C) No.566 of 2025 W.P.(C) No.546 of 2025 9. I.A. No.1212 of 2025 in W.P.(C) No.566 of 2025 and I.A. No.1211 of 2025 in W.P.(C) No.546 of 2025 also stand disposed of. (Rajesh Kumar, J.) Shahid/ uploaded