IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No. 209 of 2024 1.Md. Sarfaraj Alam, S/o Md. Ainul Haque, R/o House No.21, P.O. and P.S. Madhupur, District- Deoghar, Jharkhand. 2.Binod Kumar Yadav, S/o Radhunath Prasad Yadav, R/o Village- Patavabad, P.O. and P.S. Madhupur, District- Deoghar, Jharkhand. .... .. ... Petitioner(s) Versus 1.The State of Jharkhand. 2. Mr. Ashish Agarwal, Sub Divisional Officer, Madhupur, District- Deoghar. .. ... ...Opp. Party(s) ........... CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner (s) : Mr. Arvind Kumar Choudhary, Advocate For the State : Mr. Mihir Kunal Ekka, AC to SC.I …... 05/ 17.01.2025. Heard, learned counsel for the parties. 1. The instant contempt case arises out of W.P.(C) No.529 of 2023 which was filed to protect the ponds situated over Plot No.159, Jamabandi No.19/11, Area 1.60 Acres, Mouza- Harlatard, within Circle Madhupur, P.S. Madhupur, District- Deoghar. 2. A representation had been filed by the petitioner before the S.D.O., Madhupur, Deoghar on 23.10.2001 which was not disposed of, and, therefore, vide order dated 03.10.2023, this Court directed the S.D.O., Madhupur to consider the representation and dispose it, as per the law within three months from the date of the order. 3. In compliance to the order, the said representation has been disposed of, on 30.03.2024 in which it had been noted that the said plot was in the nature of pond and direction was given to the Circle Officer to prevent any construction being made on the ponds in terms of Section 35 of the Santhal Pargana Tenancy Act, 1949 (in short S.P.T. Act, 1949). 4. It is submitted by learned counsel for the petitioner that despite the admission of the fact that it was the pond, the encroachment has not been removed. 5. This Court is of the view that the petitioner does have efficacious and alternative remedy under the provisions of S.P.T. Act, 1919 for removal of any encroachment made by any private party(s) over the said pond. 6. Accordingly, the instant Contempt Petition (Civil) is dropped with liberty to the petitioner to pursue the available remedy under law. (Gautam Kumar Choudhary, J.) Sandeep/