IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.1460 of 2025 ----- 1. Shubhash Kumar Mandal, S/o Late Chandrakant Mandal, R/o Village-Barakola, P.O.-Dahijore, P.S.- Mohanpur, District-Deoghar. 2. Hublal Mandal, S/o Late Bechan Mandal, R/o Village- Barakola, P.O.-Dahijore, P.S.-Mohanpur, District- Deoghar. .......... Petitioners. -Versus- 1. State of Jharkhand 2. The Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi. 3. Deputy Commissioner-cum-Collector, Deoghar. 4. Sub-Divisional Officer, Deoghar. 5. Circle Officer-cum-Anchal Adhikari, Mohanpur Circle, Deoghar. 6. Superintendent of Police, Deoghar. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Ankit Kumar, Advocate For the State : Mrs. Omiya Anusha, AC to AAG-IA ----- Order No.02 Date: 21.03.2025 1. The present writ petition has been filed for quashing the order dated 6th March, 2025 (Annexure-3 to the writ petition) passed by the respondent no.4-Sub-Divisional Officer, Deoghar, whereby on the request of the respondent no.5 made vide letter no.281, dated 3rd March, 2025 regarding removal of alleged encroachment, direction has been issued to deploy a magistrate, a police officer and armed male and female police forces in order to demolish the houses of the petitioners allegedly situated over the government land appertaining to Khata No.40, Plot No.166, Kism-Ahra, Thana No.721, Village-Barakola, measuring area of 2 decimals and 0.66 decimal respectively without issuing any prior notice to them. Further prayer has been made for issuance of direction upon the respondent authorities not to disturb the peaceful possession of the petitioners over the land in question. 2. Learned counsel for the petitioners submits that both the petitioners are agnates and are residing adjacent to the Plot No.166, Gairmajarua Khata No.40. The petitioner nos.1 & 2 have constructed their houses over Plot Nos.291 & 290 respectively, Jamabandi No.14, Mouza-Barakola No.721, measuring area of 2 decimals and 5 decimals respectively. The said land is Jamabandi raiyati land and the petitioners as well as their ancestors have been residing over the same for more than 93 years. It is further submitted that Plot No.166 of Gairmajarua Khata No.40 is recorded as “Ahra” the nature of which is “Gochar land”, however, in course of time the same has completely been changed into waste barren land. In fact, the petitioners have not encroached Plot No.166 in any manner, rather their houses are situated over Jamabandi No.14, Plot Nos.291 & 290 respectively, whereas the respondent authorities have been alleging that the said houses have been constructed over the Plot No.166 appertaining to Gaimajarua Khata No.40. 3. Learned counsel for the petitioners further submits that the respondent no.5 initiated a land encroachment case against the petitioners being Encroachment Case No.5 of 2023-24 for removal of the alleged encroachment made over Khata No.40, Plot No.166, measuring area of 2 decimals & 0.66 -2- W.P. (C) No.1460 of 2025 decimal respectively and the notices were issued to the petitioners vide letters dated 5th March, 2024 and 23rd December, 2024 respectively. Pursuant to the said notices, the petitioners appeared and submitted their respective replies contending that they did not encroach any public land. However, subsequent thereto, the respondent no.5 did not get any spot verification report done through the concerned revenue officials so as to factually verify the petitioners’ contention that they were in possession of Plot Nos.291 & 290 respectively and had not encroached the Plot No.166 of Gairmajarua Khata No.40. However, on the request of the respondent no.5, the respondent no.4 issued the order as contained in memo no.138, dated 6th March, 2025 without serving any prior notice to the petitioners. 4. Aggrieved with the order dated 6th March, 2025, the petitioners have preferred two separate memos of appeal dated 17th March, 2025 & 18th March, 2025 respectively in the court of Deputy Commissioner, Deoghar-respondent no.3 (the copies of which have been annexed as Annexure-4 to the writ petition), however, the same have not been registered till date due to which the petitioners are unable to pray for issuance of interim order seeking stay of the impugned order dated 6th March, 2025 passed by the respondent no.4 deputing a magistrate, a police officer along with armed police forces to remove the construction made -3- W.P. (C) No.1460 of 2025 over the land in question. Under the said compelling circumstance, the petitioners have preferred the present writ petition. 5. Mrs. Omiya Anusha, learned A.C. to A.A.G.-IA, learned counsel appearing on behalf of the respondents submits that the petitioners have rightly been directed to remove the alleged encroachment made over Plot No.166 as the same belongs to Gairmajarua Khata No.40 the nature of which is “Ahra”. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, the respondent no.3-Deputy Commissioner, Deoghar is directed to verify as to whether the memos of appeal (Annexure-4 to the writ petition) have been preferred by the petitioners challenging the order passed by the respondent no.5 in Encroachment Case No.5 of 2023-24 and if the same are found to have been filed, those shall be instituted and be taken up expeditiously. 7. Till the said memos of appeal are taken up by the respondent no.3 for consideration, the operation of the impugned order dated 6th March, 2025 issued by the respondent no.4 shall remain stayed. 8. The writ petition is, accordingly, disposed of. (Rajesh Shankar, J.) Vikas/ -4- W.P. (C) No.1460 of 2025