IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1518 of 2023 1. Vindeshwari Mandal 2. Chandeshwari Mandal @ Chandeshwari Prasad Mandal 3. Suresh Mandal 4. Nageshwar Prasad Singh ….. Petitioners Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Godda 3. The Circle Officer, Mahagama, Godda 4. The Sub-Divisional Officer, Mahagama, Godda ….. Respondents ----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners: Mr. Anup Kr. Agarwal For the Respondents: Mr. Vineet Prakash, A.C to S.C-IV ----- 07/26.03.2025 The present writ petition has been filed for quashing the notice dated 03.02.2023 (Annexure-2 series to the writ petition) issued to the petitioners by the respondent No.3 in Land Encroachment Case No. 04/2022-23 declaring their ‘Parti Kadim’ land appertaining to Khata No. 37, Dag No. 67, Mouza- Narottampur, Thana No. 467, P.S-Hanwara, District-Godda, measuring an area of 0.0803 Acre (the petitioner Nos. 1 & 2), 0.0789 Acre (the petitioner No. 3) & 0.0987 Acre (the petitioner No. 4) to be illegal encroachment as well as directing for their eviction from the same. 2. The present writ petition was earlier taken up on 24.03.2025 and on the said date, the following order was passed: ‘’1. Mr. Vineet Prakash, learned A.C. to S.C.-IV, while referring to different paragraphs of counter affidavit dated 27th February, 2025 filed on behalf of the respondent nos.2, 3 & 4 submits that in fact, the land appertaining to Plot No.67, Village-Narottampur was not encroached by the petitioners, rather they had encroached Plot No.286, Village-Narottampur from which the petitioners have already been evicted on 25th April, 2023 with the help of police force. 2. Learned counsel for the petitioners submits that since the copy of the counter affidavit has not been served to him, he is not aware about the said fact. He, accordingly, prays for a short adjournment to ascertain the said fact. 3. Learned counsel appearing on behalf of the State is directed to serve a copy of the counter affidavit dated 27th February, 2025 to learned counsel for the petitioners in course of the day. 4. Put up this case under the same heading on 26th March, 2025.’’ 3. Learned counsel for the petitioners accepts the fact that the petitioners have already been evicted from the land in question on 25.04.2023 with the help of police force. He however submits that the said action of the respondent authorities is arbitrary and illegal. Hence, the petitioners may be given liberty to take appropriate recourse against the same as permissible under law. 4. Having heard learned counsel for the parties and considering that the petitioners have already been evicted from the land in question, there is no need to further proceed with the matter. 5. The petitioners are however at liberty to take appropriate recourse as available under law against their eviction from the land in question. 6. The present writ petition is accordingly disposed of with the aforesaid liberty. Satish/- (RAJESH SHANKAR, J)