2025:JHHC:10828 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 547 of 2025 Sanjay Kumar Gupta ….. Petitioner Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Gumla 3. The Circle Officer, Ghaghara, Gumla ….. Respondents ----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner: Mr. V. P. Pathak For the Respondents: Ms. Omiya Anusha, A.C to A.A.G-IA ----- 03/08.04.2025 The present writ petition has been filed for quashing the notice dated 21.12.2024 (Annexure-1 to the writ petition) as well as the notice dated 10.01.2025 (Annexure-2 to the writ petition) issued to the petitioner by the respondent No.3 under Section 6(2) of the Jharkhand Public Land Encroachment Act, 2000 (hereinafter referred to as ‘the Act, 2000’) in Encroachment Case No. 8/2024-25 for removal of the alleged encroachment from the land appertaining to Khata No. 216, Plot No. 494, Village-Ghaghra, Thana No. 79, P.S-Ghaghra, District-Gumla, measuring an area of 2.46 Decimals. 2. Vide order dated 20.03.2025, the respondent No.3 was directed to file a counter affidavit annexing a copy of the final order passed under Section 6(1) of the Act, 2000 in Encroachment Case No. 8/2024-25. 3. Pursuant to the aforesaid order, a counter affidavit dated 08.04.2025 has been filed on behalf of the respondent Nos. 2 & 3 annexing a copy of the order sheet of Case No. 08/2024-25. 4. On perusal of the said order sheet, it appears that the respondent No.3 has passed final order on 10.01.2025 in Case No. 08/2024-25. The said order suggests that pursuant to the impugned notices issued to the petitioner, he appeared before the respondent No.3 and after hearing him, the said respondent came to a conclusion that the petitioner has encroached the public land and accordingly directed him to vacate the same. 2025:JHHC:10828 5. Since the respondent No.3 has passed the final order i.e. the order dated 10.01.2025 in Case No. 08/2024-25, this Court is of the view that the petitioner has got statutory remedy of preferring an appeal before the respondent No.2 against the said order under Section 11 of the Act, 2000. Under the said circumstance, I am not inclined to entertain the present writ petition at this stage. 6. The petitioner is at liberty to prefer an appeal against the aforesaid order under Section 11 of the Act, 2000 before the respondent No.2. 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 respondent No.2 shall consider the condonation application liberally and shall proceed to hear the said appeal on merit. 7. Till the appeal preferred by the petitioner is taken up by the respondent No.2, the petitioner shall not be evicted from the land in question. 8. The present writ petition is accordingly disposed of with the aforesaid liberty and direction. 9. Consequently, I.A. No. 1210/2025 also stands disposed of. Satish/- (RAJESH SHANKAR, J)